Advance Parole Travel Warning: New BIA Rule 2026

What Changed and Why It Matters

On August 13, 2026, a major legal shift took effect for immigrants traveling on advance parole (a travel document that allows certain non-citizens to leave and re-enter the United States while their immigration case is pending). The Board of Immigration Appeals (BIA) issued a decision in Matter of DELCARMEN-LARA, 29 I&N Dec. 830 (BIA 2026), which overturns the long-standing precedent set by Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).

For over a decade, the 2012 ruling protected many immigrants from triggering the unlawful presence bars simply by traveling on advance parole. That protection is now gone.

What Is Unlawful Presence and Why Does It Matter?

Unlawful presence (незаконное пребывание) refers to the time a person spends in the United States without legal immigration status or after their authorized period of stay has expired. Under U.S. immigration law, this matters enormously:

• If you accumulated more than 180 days but less than one year of unlawful presence and then departed the U.S., you may face a 3-year bar to re-entry.
• If you accumulated one year or more of unlawful presence and then departed, you may face a 10-year bar to re-entry.

Under the old 2012 rule, departing on advance parole did not trigger these bars. Under the new 2026 rule, it can.

Who Is at Risk?

You may be at serious risk if:

• You have a pending adjustment of status (I-485) application to get a green card.
• You have a period of unlawful presence in your immigration history — even from years ago.
• You hold an advance parole document and are planning to travel outside the United States.
• You entered the U.S. without inspection or overstayed a visa at any point.

If you depart the U.S. on advance parole and have prior unlawful presence, you may now be found inadmissible (недопустимым к въезду) upon return. This means you could be barred from re-entering the country for 3 or 10 years.

What About a Waiver?

In some cases, a waiver (официальное прощение нарушения, позволяющее продолжить иммиграционный процесс) may be available to overcome inadmissibility based on unlawful presence. However, obtaining a waiver is a complex legal process with no guaranteed outcome. It adds significant time, cost, and uncertainty to your green card case.

Что делать — What To Do Right Now

• Do not travel outside the United States on advance parole until you have spoken with a qualified immigration attorney.
• Review your immigration history carefully — identify any periods of unlawful presence before your current status.
• If you have a pending I-485 (adjustment of status application), ask your attorney whether travel is safe given this new ruling.
• If you already traveled and are now outside the U.S., contact an immigration attorney immediately before attempting to return.
• Immigration attorney Ilya Fishkin and other experienced practitioners are closely monitoring the impact of this decision — consult a professional who is up to date on this ruling.

The Bottom Line

The new BIA decision in Matter of DELCARMEN-LARA is a critical change that affects thousands of immigrants with pending green card applications. What was once considered a safe way to travel is now a potential legal trap. Do not assume your advance parole document protects you the way it did before August 13, 2026. Get legal advice before you book any flight.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a qualified immigration attorney regarding your individual situation.