On August 13, 2026, the Board of Immigration Appeals issued a significant decision affecting certain individuals who travel outside the United States using advance parole. In Matter of Delcarmen-Lara, the BIA held that a person who leaves the United States on advance parole after accumulating more than 180 days of unlawful presence may trigger the three- or ten-year unlawful presence bar.
The decision reverses the BIA’s 2012 precedent in Matter of Arrabally and Yerrabelly, under which travel pursuant to advance parole was not treated as a departure for purposes of these bars. Under the new interpretation, individuals who accumulated more than 180 days but less than one year of unlawful presence may become subject to a three-year bar after departure, while those who accumulated one year or more may face a ten-year bar. Depending on the circumstances, a waiver may be available.
Importantly, the BIA stated that the new rule applies prospectively. Travel on advance parole that occurred before August 13, 2026, will not be treated as triggering the unlawful presence bars under this decision.
Implications
The ruling may affect individuals with pending adjustment of status or asylum applications, as well as certain DACA or Temporary Protected Status beneficiaries, who have advance parole and previously accumulated more than 180 days of unlawful presence. Possession of a valid advance parole document does not, by itself, protect an individual from the unlawful presence consequences addressed in the new decision.
Next Steps
Individuals with any history of unlawful presence should carefully evaluate their immigration record before traveling internationally on advance parole. INLG recommends reviewing the amount and timing of any unlawful presence, the basis for the advance parole document, and the potential consequences of departure before making travel plans.
INLG is monitoring how USCIS, U.S. Customs and Border Protection, and other immigration authorities implement the BIA’s decision and will provide additional guidance as its practical effects become clearer