Traveling on Advance Parole? New BIA Ruling Could Trigger a 3-10-Year Immigration Bar
A significant new immigration ruling from the Board of Immigration Appeals (“BIA”) changes the legal consequences of international travel on advance parole for certain noncitizens who have accrued unlawful presence in the United States.
On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026) and overruled its longstanding 2012 precedent, Matter of Arrabally and Yerrabelly.
The new decision holds that a departure from the United States pursuant to advance parole constitutes a “departure” for purposes of the unlawful-presence inadmissibility provisions of the Immigration and Nationality Act ("INA").
Why This Matters
For more than a decade, Arrabally and Yerrabelly generally provided important protection to certain individuals who departed the United States using advance parole.
Under that framework, qualifying advance-parole travel generally did not constitute the type of “departure” that triggered the three- or ten-year unlawful-presence bars under INA § 212(a)(9)(B).
That protection has now been substantially changed.
Under Delcarmen-Lara, advance-parole travel can constitute a qualifying departure for purposes of the unlawful-presence bars.
Consequently, an individual who has accumulated sufficient unlawful presence may trigger a period of inadmissibility by leaving the United States—even if that person has been granted advance parole.
Who May Be Affected?
The ruling is particularly important for individuals who:
have accrued more than 180 days of unlawful presence;
have accrued one year or more of unlawful presence;
have a pending adjustment-of-status application;
have DACA, TPS, or another immigration benefit that may provide a basis for advance parole;
are considering international travel while an immigration application remains pending; or
previously assumed that advance parole made international travel safe from the unlawful-presence bars.
Generally, more than 180 days but less than one year of qualifying unlawful presence can result in a three-year bar, while one year or more can result in a ten-year bar upon the qualifying departure.
The precise calculation, however, is highly fact-specific and subject to statutory exceptions and other rules.
Advance Parole Is Not a Guarantee of Reentry
This development is especially important because advance parole has sometimes been misunderstood as a guarantee that a person can leave the United States and return without immigration consequences.
It is not.
Advance parole is travel authorization. It does not eliminate all grounds of inadmissibility, waive an unlawful-presence bar, or guarantee admission to the United States.
The Delcarmen-Lara decision makes that distinction even more consequential.
The Decision Is Prospective
Importantly, the BIA stated that its new interpretation will apply prospectively. The decision therefore does not simply retroactively transform travel that occurred while Arrabally and Yerrabelly was controlling into a triggering departure.
That distinction may be critical for individuals who previously traveled on advance parole.
What Should You Do Before Traveling?
Individuals with pending immigration cases should not assume that an approved advance-parole document makes international travel safe.
Before departing the United States, counsel should evaluate, among other things:
the individual's complete immigration history;
the manner and date of the person's entry;
periods of unlawful presence;
prior status violations;
prior removal or deportation orders;
pending applications or petitions;
criminal or immigration violations;
the basis for the advance-parole document; and
whether a waiver or other exception may be available.
For some individuals, international travel may be routine. For others, leaving the United States could fundamentally change their ability to return.
The Bottom Line
Advance parole should no longer be viewed as a blanket protection against the unlawful-presence bars.
The BIA's August 13 decision represents a significant change in the legal landscape and warrants careful review of pending adjustment, DACA, TPS, asylum-related, and other cases involving advance parole.
If you have accrued unlawful presence and are considering international travel, obtain an individualized immigration assessment before leaving the United States. A travel decision that appears routine can have consequences extending well beyond the trip itself.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. The immigration consequences of travel depend on the individual's specific facts, immigration history, and applicable law. Individuals should consult qualified immigration counsel before traveling internationally.
Primary authority: Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). Read the BIA decision
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