U.S. immigration ruling changes Advance Parole travel risks

A recent decision by the Board of Immigration Appeals (BIA) in ‘Matter of Delcarmen-Lara’ has significantly altered the legal landscape for immigrants traveling abroad using Advance Parole. The ruling overturns a doctrine that had been in place since 2012, which previously held that traveling with valid Advance Parole did not constitute a departure for the purposes of triggering inadmissibility bars.

Under the new interpretation, traveling abroad with Advance Parole now counts as a departure. This means individuals who have accrued unlawful presence in the United States may face reentry bans upon their return. Specifically, those with more than 180 days but less than one year of unlawful presence may face a three-year reentry bar, while those with more than one year of unlawful presence could face a ten-year ban.

U.S. Citizenship and Immigration Services (USCIS) has noted that these consequences depend on the specific duration of unlawful presence accumulated prior to travel. The shift particularly affects certain groups, including recipients of Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS), who rely on Advance Parole for international travel.