BIA Overturns Advance Parole Travel Protections

The Board of Immigration Appeals (BIA) dominated that touring overseas on advance parole can now set off the three yr or ten yr illegal presence bar, relying on how a lot illegal presence an individual accrued earlier than leaving. The resolution, issued August 13, 2026, overrules the Board’s 2012 precedent in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).

Background

For greater than fourteen years, Arrabally and Yerrabelly protected individuals who traveled internationally on advance parole, holding that such a visit didn’t rely as a departure for functions of the illegal presence bars. That safety is gone. In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the Board reversed course and Arrabally and Yerrabelly is now not good regulation.

What Changed with Delcarmen-Lara

The Board’s new place holds that:

• Travel on advance parole is a departure beneath INA §212(a)(9)(B)(i)(II).
• The statute doesn’t carve out an exception for folks touring on advance parole.
• An individual who accrued greater than 180 days of illegal presence earlier than departing could set off the three yr bar upon looking for readmission.
• An individual who accrued one yr or extra of illegal presence earlier than departing could set off the ten yr bar upon looking for readmission.

In quick, leaving the U.S. on advance parole now counts as a departure within the eyes of the Board, and the size of time somebody was unlawfully current earlier than that departure determines which bar applies.

Application

The Board restricted the ruling to potential impact. Because candidates relied on Arrabally and Yerrabelly for over a decade, individuals who already traveled on advance parole beneath the previous rule aren’t affected retroactively. The new commonplace applies solely going ahead from the choice.

As at all times, ILBSG actively screens ongoing U.S. immigration information. If you will have questions on any U.S. immigration associated difficulty, contact us. Working with an skilled legal professional ensures you get the best recommendation primarily based on the latest legal guidelines. In an ever-evolving immigration coverage panorama, it’s notably important you get the best recommendation.