Travel Alert – Please Seek Advice BEFORE Traveling on Advance Parole

On August 13, 2026, the Board of Immigration Appeals issued Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The decision overrules Matter of Arrabally and Yerrabelly and holds that leaving the United States under advance parole is a “departure” for purposes of the three- and ten-year unlawful-presence bars under INA section 212(a)(9)(B). In practical terms, a person who accumulated sufficient unlawful presence and then travels abroad on advance parole may trigger a bar that can make the person inadmissible and affect their I-485 adjustment of status or consular processing. The Board stated that its new rule applies prospectively, not retroactively. Therefore, it does not change the consequences of an advance-parole trip completed before August 13, 2026, based solely on this new decision. Any person considering travel on or after August 13, 2026, should obtain individualized legal advice before departing. 

What are the three- and ten-year bars?  

The three-year bar generally applies when a person has been unlawfully present in the United States for more than 180 days but less than one year and then departs the U.S. The ten-year bar generally applies when a person has been unlawfully present for one year or more and then departs the U.S. Unlawful presence under the age of 18 does not count towards these bars, and there are also other limited exceptions for time while certain immigration applications are pending, for victims of trafficking and domestic abuse, among others. During the applicable period, the person may be inadmissible and unable to obtain a visa or admission to the United States unless they are eligible for and granted a waiver or another form of relief. The precise calculation of unlawful presence requires a careful assessment of the person’s age, immigration history, status, employment history, and other facts and should be done by a trained professional.  

Who is impacted by the new BIA decision? 

Examples of people who may be affected include: 

Certain DACA recipients: A DACA recipient who accumulated at least 180 days of unlawful presence after turning 18 (e.g. before receiving DACA, or who had a gaps in DACA after turning 18) and then travels abroad on advance parole will trigger a 3 or 10-year bar upon departure. They may nevertheless qualify for an I-485 adjustment of status or immigrant visa through consular processing, but would require an I-601 or I-601A waiver based on extreme hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or parent.  

Certain I-485 adjustment of status applicants: A person with a pending or planned family- or employment-based I-485 adjustment of status application who accumulated qualifying unlawful presence prior to the filing of the I-485 application, and then leaves the United States using advance parole, will face inadmissibility and will need an I-601 or I-601A waiver. 

Advance parole is not a guarantee that travel will be safe or that the person will be allowed entry or will remain eligible for the I-485 adjustment of status after their entry. 

Who is NOT affected by the new BIA decision? 

The new BIA decision does not affect the following groups of people: 

• Anyone who traveled on advance parole prior to August 13, 2026; 

• Anyone who has already been granted lawful permanent residence, even if they traveled on advance parole in the past; 

• Anyone who has always maintained lawful status; 

• Anyone who has not accumulated at least 180 days of unlawful presence prior to their travel, although other immigration and travel issues may still require review.  

If you may be affected, or are considering advance parole travel on or after August 13, 2026, please contact our team so an attorney can review your case before you travel: 312-427-6163.