New BIA Decision Overrules Longstanding Law and Creates New Advance Parole Travel Risks

The Board of Immigration Appeals (BIA) has issued a major new decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), that could have serious consequences for individuals traveling internationally with advance parole. For years, under Matter of Arrabally and Yerrabelly, traveling abroad on advance parole generally was not considered a “departure” that would trigger the 3-year or 10-year unlawful presence bars to reentry under the Immigration and Nationality Act (INA).  

On August 13, 2026, the BIA in Matter of Delcarmen-Lara held that a departure from the U.S. pursuant to advance parole is a “departure” for purposes of triggering the unlawful presence bars under the INA.

As a result of this new decision, generally, individuals who have accrued or accumulated more than 180 days but less than one year of unlawful presence after the age of 18 may face a 3-year bar to reentry if they leave the U.S., even if they depart the U.S. with a valid advance parole document issued by USCIS. Generally, individuals who have accrued one year or more of unlawful presence after the age of 18 may face a 10-year bar to reentry, even if they leave the U.S. with a valid advance parole document. Every case is fact-specific, and individuals should consult with competent immigration counsel before planning any international travel.

You can read the decision here: https://www.justice.gov/eoir/media/1457741/dl?inline