08/14/2026
Yesterday, the BIA issued Matter of Delcarmen-Lara, overruling Matter of Arrabally and Yerrabelly and upending 14 years of settled law concerning departures under advance parole and the unlawful presence bars. In a press statement, AILA President Jeff Joseph warned, “This ruling flipflops on 14 years of well-settled law and policy,” adding that the decision “punishes people for following the rules” and “puts people at risk of being barred from the United States and separated from family for years if they leave and then try to re-enter—even if they have paid for and been granted permission to travel.”
Before this decision
Imagine someone is in the U.S. and has unlawful presence—for example, they stayed after their authorized stay ended.
They then receive Advance Parole (AP), which is permission to temporarily leave the U.S. and return.
For the last 14 years, the general understanding was:
“If I leave using Advance Parole, I don’t trigger the 3-year or 10-year unlawful-presence bar simply by leaving.”
So people could sometimes travel abroad with AP and return without being hit with that bar.
What the new decision says
The BIA has now changed that rule.
The simplest way to think about it is:
Advance Parole still gives you permission to travel, but it may no longer protect you from the 3-year or 10-year unlawful-presence bar.
For example:
Person A
* Has accumulated 200 days of qualifying unlawful presence.
* Gets Advance Parole.
* Leaves the U.S.
* Under the new interpretation, that departure can trigger a 3-year bar.
Person B
* Has accumulated 2 years of qualifying unlawful presence.
* Gets Advance Parole.
* Leaves the U.S.
* That departure can potentially trigger a 10-year bar.
And importantly, having AP does not erase the unlawful presence that was already accumulated.