A new decision from the Board of Immigration Appeals (BIA) could have serious consequences for certain immigrants planning to travel outside the United States with Advance Parole.
In Matter of DELCARMEN-LARA, 29 I&N Dec. 830 (BIA 2026), the BIA held that a person who leaves the United States under a grant of Advance Parole has made a “departure” for purposes of the unlawful presence provisions of U.S. immigration law.
The decision overrules the BIA’s previous precedent in Matter of Arrabally and Yerrabelly and could significantly change the risk analysis for certain individuals considering international travel.
What Is Advance Parole?
Advance Parole is a travel document that may allow certain noncitizens in the United States to travel abroad and seek permission to return without abandoning certain pending immigration applications.
However, having an approved Advance Parole document has never guaranteed admission back into the United States or guaranteed that travel will be free from other immigration consequences.
The new BIA decision makes it even more important to understand your individual immigration history before leaving the country.
What Changed in Matter of DELCARMEN-LARA?
For years, Matter of Arrabally and Yerrabelly provided an important precedent concerning Advance Parole and unlawful presence.
In the new Matter of DELCARMEN-LARA decision, the BIA overruled that precedent and concluded that leaving the United States pursuant to Advance Parole can constitute a “departure” for purposes of the unlawful presence grounds of inadmissibility.
This distinction matters because departure from the United States can trigger serious immigration consequences for certain individuals who previously accumulated unlawful presence.
Could Advance Parole Trigger the 3-Year or 10-Year Bar?
Potentially, depending on the person’s circumstances.
Under U.S. immigration law, certain individuals who accrue more than 180 days of unlawful presence and then depart the United States may become subject to a three-year bar. Those who accrue one year or more of unlawful presence may potentially become subject to a 10-year bar after departure.
Because the BIA now considers travel under Advance Parole a departure for these purposes, certain travelers with prior unlawful presence may face consequences that they might not have faced under the previous BIA precedent.
This does not mean that everyone with Advance Parole will trigger a three-year or 10-year bar.
The impact depends on the person’s complete immigration history, including how much unlawful presence they may have accrued and whether any exceptions or other legal provisions apply.
Does This Mean You Should Not Travel With Advance Parole?
Not necessarily.
The decision does not mean that every person with Advance Parole should cancel international travel. It does mean that individuals should be especially cautious about assuming that an approved travel document makes it safe to leave the United States.
Before traveling, an immigration attorney should review factors such as:
- Your immigration and entry history
- Any periods of unlawful presence
- Your current immigration status
- The basis for your Advance Parole
- Pending immigration applications or proceedings
- Previous immigration violations or removal history
- Whether a departure could trigger a ground of inadmissibility
A travel decision that may be relatively straightforward for one person could create significant immigration consequences for another.
Already Have Advance Parole? Talk to an Immigration Attorney Before You Leave
If you already have an approved Advance Parole document, do not assume that approval alone means you can travel without immigration consequences.
Similarly, if you have already purchased tickets or have upcoming international travel, consider having your immigration history reviewed before leaving the United States.
Immigration law is highly dependent on individual circumstances, and the consequences of departing the country can be difficult or impossible to undo after the fact.
How Powers Law Group Can Help
At Powers Law Group, we understand how quickly changes in immigration law can affect individuals and families.
If you have Advance Parole, are waiting for an Advance Parole application to be approved, or are considering traveling internationally, our immigration attorneys can review your circumstances and help you understand how the new Matter of DELCARMEN-LARA decision may apply to you.
Before you travel, know the potential immigration consequences.
Contact Powers Law Group to schedule a consultation.
Call (713) 589-2085.
This article is provided for general informational purposes only and does not constitute legal advice. Immigration cases are highly fact-specific. You should consult with a qualified immigration attorney regarding your individual circumstances.
