Major Change to Advance Parole: What Immigrants Need to Know Before Traveling
Major Change to Advance Parole: What Immigrants Need to Know Before Traveling
The Board of Immigration Appeals has issued a significant decision affecting individuals who are considering international travel on advance parole.
En Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the Board overruled Matter of Arrabally and Yerrabelly. Under this new ruling, travel outside the United States on advance parole is now treated as a “departure” for purposes of the unlawful presence bars.
Who Is at Risk?
An individual who has accrued one year or more of unlawful presence before traveling may trigger the 10-year bar upon departure, even if:
- USCIS granted advance parole
- En ajuste de estatus application is pending
- The individual is later allowed to reenter the United States
Advance parole allows travel, but it does not guarantee that travel is safe from an immigration consequences standpoint. It also does not protect eligibility for adjustment of status in all cases.
DACA recipients should be especially careful. DACA does not erase unlawful presence that was accrued before DACA was granted. As a result, international travel may create serious risks for future immigration benefits, including adjustment of status.
What About Previous Travel?
Importantly, the Board made clear that this decision applies prospectively. Advance parole travel completed before August 13, 2026 is not affected by this ruling.
Speak With an Attorney Before Traveling
Anyone who has ever been out of status or who may have accrued unlawful presence should not travel on advance parole without first receiving individualized legal advice. Immigration history is highly fact specific, and leaving the United States can create consequences that may be difficult or impossible to fix later.
If you have advance parole, DACA, or a pending adjustment of status case, contact our firm to schedule a consultation before making any international travel plans.
This article provides general information and does not constitute legal advice.
