New BIA Decision Changes the Rules for Advance Parole Travel

If you have Advance Parole and are considering traveling outside the United States, a major new immigration decision could affect your ability to return and pursue a green card.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision in Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026) that changes how certain departures from the United States are treated under the immigration laws.

The decision overturned a longstanding precedent, Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which had generally provided that certain temporary trips outside the United States using Advance Parole did not count as a “departure” for purposes of the 3-year and 10-year unlawful-presence bars.

What Is Advance Parole?

Advance Parole is a travel authorization that may allow certain individuals with pending immigration applications or certain immigration statuses to temporarily leave the United States and seek parole back into the country.

However, having Advance Parole does not necessarily mean that international travel is risk-free. Your immigration history, including any previous unlawful presence, can be extremely important.

What Changed?

Under the new BIA decision, leaving the United States pursuant to Advance Parole is considered a “departure” for purposes of INA § 212(a)(9)(B).

This is significant because the law provides that a person who has accumulated one year or more of unlawful presence and then departs the United States may become inadmissible for 10 years.

There can also be a 3-year bar in certain circumstances involving more than 180 days but less than one year of unlawful presence.

In simple terms, this means that before the new decision Advance Parole accompanied by a temporary departure generally did not trigger the unlawful-presence bar under the rule established in Matter of Arrabally and Yerrabelly.

After the new decision, however, the BIA has determined that an Advance Parole departure is a “departure” under INA § 212(a)(9)(B).

That means some individuals with a history of unlawful presence could face serious immigration consequences after traveling outside the United States.

Who Could Be Affected?

This decision may be particularly important for individuals who:

• Have accumulated significant unlawful presence in the United States;

• Entered the United States without inspection or admission;

• Have DACA or another form of immigration protection;

• Have a pending adjustment of status case or are considering applying for a green card;

• Have an approved or pending family-based petition;

• Have Advance Parole and are considering international travel; or

• Previously relied on Advance Parole as part of their immigration strategy.

However, this decision does not mean that everyone with Advance Parole will automatically receive a 3-year or 10-year bar.

The outcome depends on the person's individual immigration history, including when and how much unlawful presence was accumulated and when the person traveled.

What About People Who Already Traveled?

This is an especially important part of the decision.

The BIA stated that its new interpretation will be applied prospectively. In other words, you should not assume that every person who previously traveled using Advance Parole is automatically affected by this new interpretation.

The dates and circumstances of the person's travel matter.

Because this decision was issued on August 13, 2026, immigration attorneys will also be closely watching how the new precedent is applied and whether additional litigation or guidance follows.

What Should You Do Before Traveling?

If you have Advance Parole and are thinking about leaving the United States, do not rely solely on the fact that you have a valid travel document.

Before traveling, an immigration attorney should review your individual circumstances, including:

• Your immigration history;

• Your entries and exits from the United States;

• Any periods of unlawful presence;

• Your current immigration status;

• Any pending applications or petitions;

• Previous removal or deportation orders;

• Your eligibility for adjustment of status; and

• Whether an exception or waiver may apply to your situation.

A decision to travel internationally can have consequences that go far beyond simply being allowed to board a plane.

Important Disclaimer

This article provides general information about a recent immigration law development and is not legal advice. The effect of Matter of DelCarmen-Lara depends on the facts and circumstances of each individual case. Because this is a recent decision, the law and its implementation may continue to develop. Consult with a qualified immigration attorney before making decisions about international travel or your immigration case.