Consular processing and parole
Consular processing
When a petition is approved and the beneficiary is abroad, or is not eligible to adjust status inside the United States, the case moves to the National Visa Center and then to a U.S. consulate. You will submit civil documents and financial support evidence, complete a medical examination, and attend an interview.
The interview is where a case can turn. Consular officers have broad discretion and their decisions are hard to appeal, so preparation matters.
Before anyone leaves the country
If a person has accrued unlawful presence in the United States and then departs, the departure can trigger a bar on returning, of three years or ten years depending on the length. People leave for a consular interview believing they are following the process, and find they cannot come back.
Nobody in that situation should book travel before a lawyer has reviewed their history.
Military parole in place
Certain family members of U.S. service members, veterans, and reservists who entered without inspection may be granted parole in place. Because parole satisfies the inspected and admitted or paroled requirement, it can open a path to adjustment of status without leaving the country. It is discretionary and granted case by case.
Advance parole: important recent change
Advance parole allows certain people with pending applications to travel and seek readmission.
In 2026 the Board of Immigration Appeals changed how this works. Under prior law, leaving on advance parole was generally not treated as a departure that triggered the unlawful presence bars. That is no longer the case.
If you hold an advance parole document and have any period of unlawful presence, do not travel before speaking with an attorney. The rule that protected travelers for over a decade no longer applies.
Talk with us about your situation
Immigration cases turn on details that are hard to assess on your own. A consultation will help you understand what you need to do to protect your rights.
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The information on this page is general and is not legal advice. Immigration law changes frequently, and how it applies depends on the specific facts of your case. Reading this page does not create an attorney-client relationship.