We are writing to alert you to a significant change in immigration law that may affect anyone considering international travel using Advance Parole.

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), overruling the prior precedent set in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).

Under the previous rule, a temporary departure from the United States on Advance Parole generally did not count as a "departure" for purposes of the unlawful-presence bar under INA § 212(a)(9)(B)(i)(II). The BIA's new decision reverses this position, holding that a departure made pursuant to Advance Parole does constitute a qualifying departure under the law.

Important: This Change Applies Going Forward

The BIA specifically stated that this new rule applies prospectively — meaning it applies to departures made on or after August 13, 2026, and does not reclassify departures that already occurred under the prior rule. If you traveled on Advance Parole before today, that specific trip should still be evaluated under the prior standard. However, any future departure on Advance Parole will now be assessed under this new rule.

What This Means for You Going Forward

If you have accrued unlawful presence in the United States, traveling abroad on Advance Parole from this point forward may carry serious consequences. Depending on your immigration history, such a departure could trigger the 3-year or 10-year unlawful-presence bar, potentially affecting your ability to return to the United States or obtain lawful status.

For this reason, we strongly advise against traveling on Advance Parole without first consulting our office regarding your specific circumstances. An approved Advance Parole document does not, by itself, mean international travel is safe for your situation. Factors such as prior unlawful presence, past entries or removals, immigration violations, and pending applications must all be carefully reviewed before you travel.

If you are considering international travel, please contact our office before making any arrangements.

This is a significant and evolving area of law, and we will continue to monitor developments and provide updates as further guidance becomes available.

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