New Ruling on Advance Parole Affects Travel Risk
by Emma B., Fall Intern
The Board of Immigration Appeals (BIA) recently issued Matter of Delcarmen-Lara, which overturned a rule that had been used for over a decade to allow travel in certain circumstances, including for DACA holders and for those awaiting a decision from U.S. Citizenship and Immigration Services (USCIS) on their application. The BIA overruled Matter of Arrabally and Yerrabelly (2012), which had held that leaving the U.S. on advance parole did not count as a "departure" for immigration bar purposes.
Now, traveling abroad on advance parole is legally treated as a departure. Anyone who accrued more than 180 days of unlawful presence before that trip could trigger a three-year or 10-year bar on reentry, a risk that did not exist before this ruling.
The good news is that the rule applies going forward only. Trips completed before August 13, 2026 are evaluated under the rule that applied prior to this decision.
So what can you do from here? If you need to travel, know that advance parole itself has not been eliminated. It is still available for humanitarian, educational, and employment purposes. However, traveling now may impose risks on your immigration status or on a future application to change your status, depending on your individual immigration history. Before booking any trip on advance parole, have your specific immigration history reviewed by an immigration attorney or accredited legal service, so they can determine whether these risks apply to you.