09/03/2026
A new Board of Immigration Appeals (BIA) decision could significantly change the consequences of international travel for certain foreign nationals who have accrued unlawful presence in the United States.
In Matter of Delcarmen-Lara, the BIA held that travel on advance parole could trigger the unlawful presence bar for those with prior unlawful presence in the U.S., a major shift from more than a decade of immigration practice.
Foreign nationals who have received or are considering applying for advance parole should consult experienced counsel before making international travel plans, particularly if there is any possibility they have accrued unlawful presence.
🔗 Learn more in the latest white paper from Senior Counsel Catherine Magennis: https://www.garfinkelimmigration.com/2026/08/27/matter-of-delcarmen-lara-fundamentally-changes-advance-parole-analysis-for-foreign-nationals-with-unlawful-presence