Urgent Immigration Update: Advance Parole Travel May Now Trigger the Unlawful Presence Bar
If you have Advance Parole, we strongly recommend that you DO NOT travel internationally at this time.
On August 13, 2026, the Board of Immigration Appeals (BIA) issued a significant decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), that changes how departures from the United States under Advance Parole are treated under immigration law.
As a result of this decision, we strongly advise our clients NOT to travel internationally using Advance Parole.
If you have a valid Advance Parole document, do not assume that it is safe to use it simply because it has been approved. The legal landscape has changed, and international travel may now have serious consequences for certain individuals.
If you are considering traveling despite this recommendation, please contact our office before making travel arrangements or leaving the United States. We can review your individual immigration history and explain the potential consequences and risks associated with your particular case.
What Changed?
Advance Parole generally allows certain individuals with pending immigration applications to request permission to temporarily leave the United States and seek parole back into the country.
For many years, the BIA’s decision in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), provided important protection for certain individuals who traveled using Advance Parole. Under Arrabally and Yerrabelly, a temporary departure pursuant to Advance Parole was not considered a “departure” for purposes of the unlawful presence bar under INA § 212(a)(9)(B)(i)(II).
That has now changed.
In Matter of Delcarmen-Lara, the BIA overruled Arrabally and Yerrabelly and held that a departure from the United States pursuant to Advance Parole is a “departure” for purposes of the unlawful presence bar.
Why Is This Important?
Under the unlawful presence provisions of U.S. immigration law, a person who has accumulated one year or more of unlawful presence in the United States and then departs may become inadmissible for 10 years.
The significance of the new BIA decision is that leaving the United States on Advance Parole may now be the departure that triggers this bar. In other words, Advance Parole should no longer be assumed to protect someone from the consequences of departing the United States after accumulating significant unlawful presence.
This is a major change from the legal framework that many immigration attorneys and their clients have relied upon for years.
What Should You Do?
Our recommendation is simple: DO NOT travel internationally using Advance Parole at this time.
Even if you have a valid Advance Parole document, we do not recommend using it for international travel given this significant change in the law.
If you nevertheless need or intend to travel internationally despite this recommendation, contact our office before you leave the United States. Our attorneys can review your individual circumstances, including your immigration history and any unlawful presence, and explain how this decision may affect you. We can then help you understand the risks you would be accepting by traveling.
This is a rapidly developing area of immigration law, and we are continuing to monitor the implications of Matter of Delcarmen-Lara and how it may affect our clients.
Beatriz is a first generation Cuban American immigration attorney who has dedicated her career to serving immigrant communities with empathy and compassion since 2001. She earned her undergraduate degree from Barry University and her Juris Doctor from St. Thomas University School of Law and was admitted to the Florida Bar in 2003. Fluent in English and Spanish, she handles a wide range of family based immigration, humanitarian relief, waivers, and high volume immigration matters. Years of Experience: 20+ years of high-level immigration experience
Beatriz Godoy
Managing Attorney