Board of Immigration Appeals redefines advance parole travel rules

The Board of Immigration Appeals (BIA) has issued a ruling that fundamentally changes how travel on advance parole is treated under U.S. immigration law. Effective August 13, 2026, the decision in ‘Matter of Delcarmen-Lara’ overturns a 14-year precedent established in 2012 by ‘Matter of Arrabally and Yerrabelly’.

Previously, travel using advance parole—a document allowing individuals with pending immigration cases, such as DACA or green card applications, to leave and re-enter the country—did not count as a legal “departure” for the purpose of calculating reentry penalties. Under the new ruling, such trips are now classified as departures under the Immigration and Nationality Act.

This change means that immigrants who have accrued unlawful presence may now trigger statutory inadmissibility bars upon leaving the country. Specifically, individuals may face a three-year bar if they accrued more than 180 days of unlawful presence, or a ten-year bar for one year or more of unlawful presence. The BIA noted that the Immigration and Nationality Act does not explicitly provide an exception for advance parole travelers regarding these specific departure penalties.