On August 13, 2026, the Board of Immigration Appeals (the “BIA”) issued a decision called Matter of Delcarmen-Lara that changes how the government treats international travel on advance parole. The decision overrules a 2012 case, Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), that immigrants and their attorneys have relied on for more than a decade.
In the wake of this decision, all noncitizens thinking about traveling abroad on advance parole or applying for advance parole should consult with an immigration attorney before you make any travel plans.
This decision is especially important to:
- People with pending adjustment of status (green card) applications who plan to travel,
- DACA recipients considering travel on advance parole or who have traveled on advance parole,
- TPS holders and others who traveled using advance parole, and
- Anyone who has accrued unlawful presence in the United States.
Advance Parole
Advance parole is a travel document that allows certain people to leave the United States and return while an immigration application is pending, or while they hold a status such as DACA. It is commonly used by people with pending green card (adjustment of status) applications, by DACA recipients, and by others who need to travel and come back.
The Prior Rule on Advance Parole
For years, the main worry about leaving the United States has been what is often called the “unlawful presence” bar. Under the law, a person who has been in the country unlawfully for a certain length of time and then departs the country is inadmissible:
- More than 180 days but less than one year of unlawful presence followed by a departure can trigger a 3-year bar.
- One year or more of unlawful presence followed by a departure can trigger a 10-year bar.
In 2012, the BIA held in Arrabally and Yerrabelly that leaving the country on advance parole was not considered a “departure” that triggered these bars. That ruling gave many people the confidence to travel on advance parole without setting off the 3-year or 10-year bar.
The New Rule Announced in Delcarmen-Lara
In Matter of Delcarmen-Lara, the BIA reversed course. It held that leaving the United States on advance parole is a “departure” under the law. In plain terms, travel on advance parole can now trigger the 3-year or 10-year unlawful presence bar for a person who built up enough unlawful presence before leaving.
For someone in that situation, the consequences can be severe. Triggering a bar can block eligibility for a green card or other immigration status.
The New Rule Applies Only Going Forward, but the Controlling Date is Unclear
The BIA said this new rule applies only prospectively, meaning going forward. The old rule still applies to past actions. But the decision did not say when the new rule starts to count. We do not know whether the controlling date is:
- the date a person traveled,
- the date a person files the adjustment of status application (Form I-485) or other admission,
- the date the application is decided, or
- some other point in time.
The Matter of DelCarmen-Lara decision recognizes, though gives no substantive discussion to, the fact that people had acted in reliance on the old rule in deciding that it would only be applied retroactively. That reliance caused people to travel abroad on advance parole when they otherwise likely would not have. Given this reliance, it would seem that the controlling date should be the date of travel and that those who already traveled and returned on advance parole cannot be deemed to have departed the United States for purposes of the unlawful presence bars. But this conclusion is not spelled out in the decision and individuals who have traveled on advance parole prior to August 13, 2026, should have attorneys ready to make legal arguments on their behalf for any application for adjustment of status or other immigration benefit.
The Bottom Line
The impact of this decision for any individual depends on the specific facts of their case, including immigration history, accumulation of unlawful presence, and whether a waiver would be available if the unlawful presence bar were to be triggered. Anyone potentially affected should consult with a qualified immigration attorney before making plans or submitting any application.
