08/15/2026
🚨 MAJOR IMMIGRATION UPDATE: ADVANCE PAROLE TRAVEL MAY NOW TRIGGER THE UNLAWFUL-PRESENCE BAR
The Board of Immigration Appeals has issued a significant new precedent decision that could dramatically affect certain Adjustment of Status applicants considering international travel.
On August 13, 2026, the BIA decided Matter of Milagro DELCARMEN-LARA, 29 I&N Dec. 830 (BIA 2026), Interim Decision #4233
The Board has now overruled Matter of Arrabally and Yerrabelly, the 2012 precedent that had held that temporarily leaving the United States under a grant of Advance Parole was not a “departure” for purposes of the unlawful-presence ground of inadmissibility.
What changed?
The BIA now holds that:
A departure from the United States pursuant to Advance Parole is a “departure” within the meaning of INA 212(a)(9)(B)(i)(II).
That distinction is extremely important.
Under the prior *Arrabally* framework, certain individuals with pending Adjustment of Status applications could travel temporarily using Advance Parole without that trip itself being treated as the “departure” that triggered the unlawful-presence bar.
That protection has now been removed prospectively.
For an individual who has accumulated one year or more of unlawful presence, a qualifying departure can trigger the 10-year unlawful-presence bar when the person again seeks admission to the United States.
In other words, having an approved Advance Parole document should no longer be understood to mean that international travel is automatically safe for someone who has accumulated unlawful presence.
This does NOT mean Advance Parole itself has been abolished.
Advance Parole remains a travel mechanism. The critical issue is that the BIA has changed the immigration consequences that a departure under Advance Parole may have for certain individuals with unlawful presence.
The decision also does not mean that every AOS applicant who travels will automatically become inadmissible. Immigration history, periods of unlawful presence, applicable exceptions, waivers, and other circumstances must be evaluated individually.
Another critical point: prospective application
The BIA specifically recognized that it was overturning longstanding precedent and determined that its new holding should apply prospectively.
That makes the timing of travel especially important.
What should AOS applicants do now?
Anyone with a pending Adjustment of Status application who has accumulated—or believes they may have accumulated—unlawful presence should speak with a qualified immigration attorney before leaving the United States, even if Advance Parole has already been approved.
Do not assume that possession of an Advance Parole document resolves the unlawful-presence issue.
This is a major change in immigration law, and travel decisions that once appeared relatively straightforward may now require a much more careful legal analysis.
Matter of DELCARMEN-LARA has changed the Advance Parole landscape. Get properly advised before you travel.
This post is for general informational purposes and is not individualized legal advice.
