Board of Immigration Appeals changes advance parole travel rules

The Board of Immigration Appeals (BIA) has issued a precedential decision that significantly alters the consequences of international travel for certain green card applicants. In the case of Matter of Delcarmen-Lara, the BIA ruled that departing the United States under advance parole now constitutes a “departure” for the purposes of the three- and ten-year unlawful-presence bars.

This decision expressly overrules the 2012 precedent set in Matter of Arrabally and Yerrabelly, which previously held that temporary trips made via advance parole did not trigger these bars. Under the new ruling, a foreign national who has accumulated more than 180 days of unlawful presence may trigger a three-year bar upon departure, while those with one year or more of unlawful presence may trigger a ten-year bar.

The BIA stated that this new interpretation applies prospectively, acknowledging the significant shift from longstanding precedent. Consequently, individuals with pending green card applications who have accumulated unlawful presence should seek legal counsel before traveling, as an approved advance parole document no longer guarantees that departure will be free of immigration consequences.