The Board of Immigration Appeals (BIA) has issued a significant decision that changes how travel on Advance Parole is treated under the unlawful presence rules. In Matter of Del Carmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026), the BIA overruled its earlier decision, Matter of Arrabally and Yerrabelly, which had generally protected certain individuals who traveled abroad on Advance Parole from triggering the 3-year or 10-year unlawful presence bars.
What Has Changed?
Under the new decision, leaving the United States on Advance Parole may now be considered a departure for purposes of the unlawful presence bars.
This means that an individual who has accrued:
- More than 180 days but less than one year of unlawful presence may trigger the 3-year bar upon departure; or
- One year or more of unlawful presence may trigger the 10-year bar upon departure.
Having a valid Advance Parole document does not necessarily prevent these bars from applying.
Who Could Be Affected?
This change may be particularly important for individuals who:
- Have a pending Adjustment of Status (Form I-485) application;
- Have applied for or received Advance Parole;
- Have accrued unlawful presence in the United States;
- Have pending asylum applications;
- Have DACA or TPS; or
- Are otherwise relying on Advance Parole or similar travel authorization to leave and return to the United States.
Important: Advance Parole Is Not a Guarantee of Reentry
Advance Parole has historically allowed certain applicants to travel internationally while their applications are pending. However, Advance Parole does not eliminate all immigration risks associated with international travel. The new BIA decision makes it especially important to determine whether unlawful presence has accrued and whether a departure could trigger a bar before making travel plans.
Other issues such as prior immigration violations, removal orders, unauthorized employment, criminal history, or other grounds of inadmissibility may also affect whether an individual can return to the United States.
The decision applies prospectively to Advance Parole travel occurring on or after August 13, 2026.
What Should You Do?
If you have accrued more than 180 days of unlawful presence, do not assume that Advance Parole makes international travel safe. Before traveling outside the United States, consult with qualified immigration counsel for a case-specific assessment. An attorney can review your immigration history, determine whether unlawful presence has accrued, and evaluate the potential consequences of international travel.
We will continue to monitor developments and provide updates on any future BIA decisions. If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here.