On August 13, 2026, the Board of Immigration Appeals (BIA) issued a significant decision changing the consequences of international travel on advance parole for some individuals who have previously accrued unlawful presence in the United States.
In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA held that leaving the United States with advance parole is a “departure” for purposes of the unlawful presence bars. The decision overturns more than a decade of prior BIA precedent.
Under U.S. immigration law, certain individuals who accrue unlawful presence and then depart the United States may become inadmissible for three or ten years. Generally, the three-year bar applies after more than 180 days but less than one year of unlawful presence, while the ten-year bar applies after one year or more.
Since 2012, the BIA’s decision in Matter of Arrabally and Yerrabelly provided an important protection for individuals traveling with advance parole. Under that decision, travel authorized by advance parole was not considered a “departure” that triggered the unlawful presence bars.
The BIA has now overruled Arrabally and Yerrabelly. Going forward, a person who has accrued sufficient unlawful presence may trigger a three- or ten-year bar by leaving the United States even when the person has a valid advance parole document.
Importantly, the BIA stated that its new rule will apply prospectively. The Board recognized that people have relied on the prior rule for many years and declined to apply its new interpretation to the advance parole travel that had already occurred in the case before it.
This means the decision should not change the consequences of advance parole travel that occurred before the BIA issued Matter of Delcarmen-Lara on August 13, 2026.
This decision does not mean that everyone with advance parole should stop traveling. The unlawful presence bars apply only when an individual has accrued the amount of unlawful presence required by the statute.
However, the decision may have serious consequences for some individuals with advance parole based on:
Whether someone has accrued “unlawful presence” is not always the same as whether the person has been without lawful immigration status. The calculation can be complicated and depends on the person’s individual immigration history.
If you have ever been in the United States without lawful status or remained in the United States beyond a period of authorized stay, do not assume that an advance parole document makes international travel safe.
Before leaving the United States, you should speak with an immigration attorney who can review your complete immigration history, determine whether you have accrued unlawful presence, and evaluate whether departure could trigger a three- or ten-year bar or another ground of inadmissibility.
Individuals who have already traveled on advance parole should not assume that this decision has created a new problem with their prior travel. The BIA specifically chose to apply its new rule prospectively.
Because Matter of Delcarmen-Lara represents a significant change in immigration law, we expect additional guidance and potentially litigation concerning how the decision will be applied. Delgado Rompf Bruen LLC will continue to monitor these developments.
If you have questions about how this decision affects your ability to travel or your pending immigration case, please contact our office to schedule a consultation.
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