BIA Ruling Changes Advance Parole Travel Rules in 2026
On August 13, 2026, the Board of Immigration Appeals issued a ruling that quietly rewrote the rules for one of the most common travel documents used by DACA and TPS holders. The decision — called Matter of Milagro DELCARMEN-LARA — means that leaving the US on Advance Parole could now trigger a 3- or 10-year ban on returning. For hundreds of thousands of immigrants, a trip abroad that once seemed safe may no longer be.
What if you already have Advance Parole approved — does the new ruling still affect you? Yes, if you haven't traveled yet. The Board of Immigration Appeals (BIA) issued a decision on August 13, 2026, called Matter of Milagro DELCARMEN-LARA, and it changes the rules for anyone planning to travel outside the US on Advance Parole going forward. Past trips are not affected. But any future travel under Advance Parole may now carry serious consequences for people with unlawful presence in the US.
What Changed — and Why It Matters
Advance Parole (AP) is a travel document that lets certain immigrants — including people with DACA, Temporary Protected Status (TPS), or a pending green card application — leave the US and come back legally. Before the August 13 ruling, leaving the US on AP was not considered a formal "departure" under immigration law. That meant people who had entered without inspection (crossed the border without going through a checkpoint) or who had overstayed a visa could travel and return without triggering a reentry bar — a penalty that blocks someone from coming back to the US for 3 or 10 years.
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The BIA's decision in Matter of Milagro DELCARMEN-LARA reversed that. Now, if you have accumulated 180 days or more of unlawful presence — meaning time in the US without a valid visa, status, or other legal permission — and you travel on Advance Parole, you may be denied re-entry when you try to come back. The 3-year bar applies to people who had between 180 days and one year of unlawful presence before leaving. The 10-year bar applies to those who had more than one year. These bars are triggered at the moment you leave the country.
Who Is Most at Risk
DACA recipients and TPS holders are among the groups most likely to be affected. DACA recipients can only apply for AP for humanitarian, educational, or employment reasons — and even if approved, the new ruling means leaving the US could now trigger an unlawful presence bar if they have accumulated enough time without lawful status. Anyone who entered the US without being inspected by a border officer, or who stayed past the expiration date on their visa or status, should treat any planned international travel as a serious legal risk until they speak with an attorney. The ruling applies only to travel that happens after August 13, 2026.
What to Do
- Do not book any international travel if you have DACA, TPS, or a pending green card application until you speak with an immigration attorney or a Department of Justice (DOJ) accredited representative.
- Ask your attorney specifically whether you have any period of unlawful presence — even a short gap in status can count toward the 180-day threshold.
- If you have already traveled on Advance Parole before August 13, 2026, that travel is not affected by this ruling. You do not need to take any action based on past trips.
- Search for affordable immigration legal help through nonprofit legal services directories — many organizations offer low-cost consultations for DACA and TPS holders.
What to do, step by step — see our guide “Immigration Court Rulings”.
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This ruling is a significant shift — previously, Advance Parole functioned as a safe travel mechanism for people with unlawful presence, but that protection is now gone for future travel. Anyone with DACA or TPS who has ever had a gap in lawful status should calculate their total unlawful presence before even considering international travel, because the bar is triggered the moment you leave US soil, not when you try to return. If you are unsure whether you have unlawful presence or how much you have accumulated, consult an immigration attorney before making any travel plans.
Frequently Asked Questions
Does the new BIA ruling affect trips I already took on Advance Parole?
No. The BIA's decision in Matter of Milagro DELCARMEN-LARA applies only to travel that happens after August 13, 2026. Any past travel on Advance Parole is not affected.
I have DACA. Can I still apply for Advance Parole and travel?
You can still apply for Advance Parole if you have a humanitarian, educational, or employment reason for travel. But the new ruling means that if you have unlawful presence of 180 days or more, leaving the US could trigger a 3- or 10-year bar on re-entry. Talk to an immigration attorney before you travel.
What is unlawful presence, and how do I know if I have it?
Unlawful presence is time you spent in the US without a valid visa, status, or other legal permission. It can accumulate if you entered without going through a border checkpoint, or if you stayed after your visa or status expired. An immigration attorney or DOJ accredited representative can help you calculate how much unlawful presence you may have.
What is the 3- or 10-year bar, and how does it work?
These are penalties that prevent someone from returning to the US after leaving with unlawful presence. If you had between 180 days and one year of unlawful presence before leaving, you face a 3-year bar. If you had more than one year, the bar is 10 years. Under the new ruling, traveling on Advance Parole can now trigger these bars for people who were previously protected from them.