On January 22, 2025, U.S. Customs and Border Protection (CBP) clarified that an executive order to ““terminate all categorical parole programs that are contrary to the policies of the United States” does not apply to those arriving with a valid Form I-512 [advance parole] or those being processed for Significant Public Benefit Parole in coordination with federal law enforcement partners.

Even though the guidance clarified that adjustment of status applicants with a valid I-512 may be admitted, practitioners urge caution and recommend that employees maintain their underlying visa status and travel using valid H and L visas to the extent possible. Recommendations include:

  • Consider deferring unnecessary travel until clear guidance, procedures, and training are in place for CBP officers at the various ports of entry.
  • Those with “dual intent” H or L visas should present valid nonimmigrant visas to facilitate re-entry in lieu of relying on advance parole.
  • If travel is necessary and there is no underlying H or L visa, it may be helpful to bring copies of CBP’s Regional Carrier Liaison Guidance until training is fully rolled out.
  • Those in other nonimmigrant statuses that are not recognized as “dual intent,” such as O, E, F, and TN status, who have a Form I-485, Application to Register Permanent Residence or Adjust Status, application pending should be prepared to explain to CBP that admission in their nonimmigrant status may trigger the abandonment of a pending I-485 and continue to request admission pursuant to their valid advance parole.
  • Those seeking to travel with parole documents should be prepared for longer periods of review and questioning in CBP’s Secondary Inspection and should be prepared to present relevant documentation upon request. For example, travelers presenting advance parole documents related to a pending I-485 application should confirm that their I-485 remains pending and travel with a copy of their I-485 receipt notice, as CBP often seeks to confirm whether the I-485 remains pending during secondary inspection.