BIA Reverses Course: Advance Parole Travel Can Now Trigger Re-Entry Bars

If you hold advance parole and are weighing a trip abroad, stop and read this first. On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision that reverses more than a decade of settled guidance on what happens when green card applicants travel on advance parole. The change could expose some travelers to bars of three or ten years if they leave the country without understanding the new risk. The Case: Matter of Delcarmen-Lara

In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), decided August 13, 2026, the BIA held that a trip abroad on advance parole is a statutory "departure" from the United States. The Board reasoned that the terms "depart" and "departure" in the Immigration and Nationality Act carry their ordinary dictionary meaning, with no built-in exception for people traveling on advance parole. That plain-language reading is a direct rejection of the reasoning the Board relied on the last time it addressed this question.  

The full decision is available from the Executive Office for Immigration Review: Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026).

Unsure if this new ruling impacts your pending case? Protect your immigration journey. Schedule a free evaluation with Gaertner Torres PLLC today.

The Prior Law: Matter of Arrabally and Yerrabelly

Since 2012, applicants have relied on Matter of Arrabally and Yerrabelly, in which the BIA held that advance parole travel was not a "departure" for purposes of the unlawful presence bars. The rationale was that someone traveling on advance parole always intended to return and continue pursuing their pending green card application, so treating that trip like a true departure didn't make sense. For fourteen years, that decision gave hundreds of thousands of adjustment applicants a reliable green light to travel internationally on advance parole without jeopardizing their case.  

What Changes for Clients Now

The distinction matters because of INA § 212(a)(9)(B), which bars re-entry for people who accrued unlawful presence in the U.S. before leaving. Under the old rule, advance parole travel sidestepped that provision entirely. Under the new rule, it doesn't.  

If you have accrued more than 180 days of unlawful presence at any point and you travel on advance parole while your Form I-485 is pending, you may now trigger:

• A three-year bar to re-entry, if your unlawful presence totaled 180 days to one year; or

• A ten-year bar, if it totaled one year or more.
  

This is a real concern for DACA recipients with a history of unlawful presence, TPS holders who originally entered without inspection, and other adjustment applicants who accrued unlawful presence before their case was filed. Applicants who have maintained lawful nonimmigrant status the entire time and have no unlawful presence are less likely to be affected, but that determination isn't always as simple as it sounds. Status can lapse in ways clients don't always realize, and even brief gaps or overstays can add up to 180 days over the life of a case.  

What You Should Do

Do not book or use advance parole for international travel without talking to our office first, even if you believe you have maintained valid underlying status the whole time. Unlawful presence calculations can be more complicated than they appear, and confirming your travel is safe before you leave is far easier than trying to fix an inadmissibility problem after you've already gone.

Do not withdraw a pending I-485 application on your own in response to this news. If you have already traveled and returned since this decision, gather your exact departure and return dates so we can evaluate whether the ruling affects you.

This is general information, not legal advice for your specific situation. Every case turns on individual facts, and the rules around inadmissibility and waivers are complex.

Don't leave your future to chance. Book your consultation with our experienced attorneys at Gaertner Torres PLLC to ensure your travel plans are safe. For more updates on U.S. immigration policies and expert insights, explore our Immigration Blog.