Advance Parole Travel After BIA Overrules Arrabally and Yerrabelly
On August 13, 2026, the Board of Immigration Appeals (BIA) issued a significant decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), overruling its longstanding 2012 precedent in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
The decision changes how international travel on advance parole may affect individuals who have accrued unlawful presence in the United States. For certain individuals, travel that was previously considered relatively low risk may now result in a three-year or ten-year bar to admission.
What Changed?
Under Arrabally and Yerrabelly, departing the United States pursuant to advance parole generally did not constitute a “departure” for purposes of the unlawful presence bars under INA § 212(a)(9)(B). This allowed certain individuals with prior unlawful presence to travel internationally and return to the United States on advance parole without triggering those bars based solely on that travel.
Delcarmen-Lara changes that rule. The BIA held that departure from the United States pursuant to advance parole constitutes a departure for purposes of INA § 212(a)(9)(B).
As a result, individuals who have accumulated sufficient unlawful presence before traveling may now face the applicable unlawful presence bar after departing the United States, even if they were granted advance parole and are subsequently paroled back into the country.
Generally, more than 180 days but less than one year of unlawful presence can result in a three-year bar, while one year or more of unlawful presence can result in a ten-year bar, subject to statutory exceptions and other legal considerations.
Who May Be Affected?
The decision may have significant consequences for individuals who have accrued unlawful presence and have been relying on advance parole for international travel, including some:
- DACA recipients;
- Individuals with pending adjustment of status applications;
- Individuals seeking adjustment through a U.S. citizen spouse or other qualifying family relationship;
- Individuals with Temporary Protected Status (TPS); and
- Other individuals who previously relied on Arrabally and Yerrabelly when considering international travel.
The impact will depend on the individual’s immigration history, the amount and timing of any unlawful presence, the basis for adjustment of status, and whether a statutory exception or waiver applies.
What About Previous Advance Parole Travel?
Importantly, the BIA’s new rule is prospective. Individuals who traveled abroad and returned to the United States pursuant to advance parole before August 13, 2026, are not subject to the new rule merely because of that prior travel.
The decision therefore does not mean that every prior advance parole trip will suddenly trigger a three-year or ten-year bar.
Why This Matters
Advance parole is commonly used by individuals who have an application pending with U.S. Citizenship and Immigration Services (USCIS) and need to travel internationally. Before Delcarmen-Lara, individuals who had accrued unlawful presence could, in qualifying circumstances, rely on Arrabally and Yerrabelly when traveling on advance parole.
That protection is no longer available for future travel under the BIA’s new precedent.
The practical consequence is significant: having advance parole does not necessarily mean that international travel is safe from an immigration-law perspective. Advance parole is permission to seek parole into the United States; it does not eliminate the consequences that may result from a departure under the unlawful presence provisions of the Immigration and Nationality Act.
What Should Individuals Do Now?
Individuals with a history of unlawful presence should exercise particular caution before traveling internationally on advance parole.
Before departing the United States, it is important to have an immigration attorney review your individual circumstances, including: How much unlawful presence you may have accrued; When that unlawful presence was accrued; Your manner and date of entry into the United States; Whether you qualify for an exception to the unlawful presence bars; Whether a waiver may be available; Your current immigration status or pending application; and Whether international travel could affect your eligibility for adjustment of status or another immigration benefit.
For individuals who have not yet traveled on advance parole, do not assume that previously approved advance parole makes international travel safe. The legal consequences must be evaluated based on the individual’s particular immigration history.
The BIA’s decision represents a major change from the rule that had been in place for more than 14 years. Additional litigation, agency guidance, or further developments could affect how the decision is applied. Until there is further clarification, individuals with prior unlawful presence should carefully evaluate the risks before leaving the United States.
This article provides general information and is not a substitute for individualized legal advice. Immigration consequences can vary significantly based on an individual’s specific circumstances.
