On August 13, 2026, the Board of Immigration Appeals (BIA) issued an important decision affecting individuals who travel outside the United States on advance parole. The BIA held that traveling on advance parole is considered a “departure” under immigration law. As a result, leaving the United States on advance parole may trigger the three- or ten-year unlawful presence bars and could require an individual to remain outside the United States before obtaining an immigrant visa.
The decision, Matter of Delcarmen-Lara, overrules Matter of Arrabally and Yerrabelly, which previously held that temporary travel on advance parole did not constitute a departure for purposes of triggering these unlawful presence bars.
The Decision Applies Prospectively
Importantly, the BIA stated that its new holding will apply prospectively, meaning the change applies going forward and will not be applied retroactively.
As a result, the decision should not affect individuals who:
Already obtained their green card based on past travel using advance parole;
Have a pending adjustment of status application based on past travel with advance parole; or
Plan to apply for adjustment of status based on advance parole travel that occurred before this decision.
Who Is Most Affected?
The decision primarily affects individuals who have not yet traveled on advance parole but are considering doing so. For individuals who have accrued sufficient unlawful presence, traveling after this decision may trigger the unlawful presence bar. Depending on the circumstances, they may then need to remain outside the United States for the applicable period or pursue a waiver if they qualify.
The decision may also make traveling on advance parole riskier for certain individuals. Anyone considering international travel on advance parole should speak with an experienced immigration attorney before leaving the United States, as the consequences will depend on the facts of each individual case. Call (800) 929-7142 or contact us online to schedule a consultation today.