ADVANCE PAROLE CHANGE IN 2026: WHAT NEW RULING MEANS

A major immigration-law decision issued in August 2026 has changed how certain trips outside the United States under Advance Parole may affect unlawful-presence bars. Here’s what immigrants need to know before traveling.

For years, Advance Parole provided an important travel option for certain immigrants with pending applications or temporary immigration protections. In particular, a 2012 Board of Immigration Appeals (BIA) decision, Matter of Arrabally and Yerrabelly, established that a temporary trip outside the United States under Advance Parole generally did not count as a “departure” for purposes of the unlawful-presence bars under the Immigration and Nationality Act (INA).

That has now changed as of August 13, 2026.

In Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA overruled the previous case and held that leaving the United States pursuant to Advance Parole is a “departure” under INA § 212(a)(9)(B)(i)(II).

This decision could have significant consequences for immigrants who have accumulated unlawful presence and are considering international travel.

What Is Advance Parole?

Advance Parole is a travel authorization that may allow certain noncitizens to request permission to return to the United States after temporarily traveling abroad.

It may be available to certain individuals with pending immigration applications or specific immigration statuses or protections.

However, Advance Parole has never been a guarantee of admission to the United States. A person must still be prepared to undergo inspection when returning, and other immigration issues may affect whether they can be admitted or paroled.

Because of the new Delcarmen-Lara decision, the consequences of traveling with Advance Parole may now be more serious for individuals with a history of unlawful presence.

What Changed Under Matter of Delcarmen-Lara?

Under this change, a person who has accumulated:

• More than 180 days but less than one year of unlawful presence may become subject to a 3-year bar after departing the United States.

  
  

• One year or more of unlawful presence may result in a 10-year bar after departure.

  
  

The Board recently concluded that a person who leaves the United States under Advance Parole has made a “departure” for purposes of INA § 212(a)(9)(B)(i)(II). The Board therefore expressly overruled Arrabally and Yerrabelly.

In simple terms:

Before: Traveling temporarily with Advance Parole generally did not trigger the unlawful-presence bar under Arrabally.

Now: A departure under Advance Parole can trigger the unlawful-presence bar if the person meets the statutory requirements.

This does not mean that every person who travels with Advance Parole will automatically receive a 3- or 10-year bar. The person's immigration history, amount of unlawful presence, and other circumstances remain critical and an attorney’s analysis is required for each case.

Who Could Be Most Affected?

The decision may be particularly important for people who have accumulated significant unlawful presence before receiving Advance Parole.

Potentially affected groups may include:

DACA Recipients

DACA recipients are among those who may be significantly affected because some individuals with DACA previously relied on Advance Parole to travel internationally without triggering the unlawful-presence bars.

A person with a complicated immigration history should not assume that having DACA and an approved Advance Parole document makes international travel risk-free.

Adjustment of Status Applicants

Individuals pursuing adjustment of status inside the United States may also be affected if they have accumulated unlawful presence and are considering traveling abroad.

A trip that previously appeared relatively safe under Arrabally may now create a different immigration consequence.

Other Individuals With Advance Parole

The impact is not limited to one immigration category. Anyone considering international travel under Advance Parole should determine whether the new interpretation applies to their particular circumstances.

Does Advance Parole Still Exist?

Yes.

Matter of Delcarmen-Lara did not eliminate Advance Parole.

The decision changed the legal consequences that a departure under Advance Parole may have for certain people with unlawful presence. So before applying for permission to travel and before exiting the U.S. with any advance parole, it is advised that people speak with an attorney to analyze the potential risk of triggering a bar that would cause them to remain outside of the U.S. for a period of time.

In other words:

Advance Parole is still a travel authorization, but it should no longer be viewed as a “safe harbor” from the unlawful-presence bars.

What Should You Do Before Traveling?

If you currently have Advance Parole or are considering applying for it, it is important to understand your immigration history before making travel arrangements.

Consider reviewing the following with an immigration attorney:

• Your complete entry and exit history.

• How much unlawful presence you may have accumulated.

• Previous immigration applications and petitions.

• Any prior removal or deportation orders.

• Your current immigration status or protection.

• Any pending adjustment of status application.

• Whether a waiver may be available if you become inadmissible.

• Whether your particular Advance Parole document and circumstances are affected by Delcarmen-Lara.

  
  

Bottom Line:

For immigrants with a history of unlawful presence, this means that traveling internationally may carry consequences that did not exist under the previous interpretation.

If you are considering traveling with Advance Parole, do not make the decision based solely on whether your travel document has been approved. Your immigration history matters.

Before you leave the United States, speak with an experienced immigration attorney who can evaluate your individual circumstances and explain the potential risks and available options.

Need Help With Your Immigration Case?

At Mundo Legal, we understand that immigration decisions can have long-term consequences.

If you have Advance Parole, DACA, a pending adjustment of status application, a prior removal order, or a history of unlawful presence, our team can help you understand how the 2026 changes may affect your situation.

Contact Mundo Legal today to discuss your case before making an international travel decision.

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