US Immigration Board Rules Advance Parole Travel Triggers Reentry Bars

On August 13, 2026, the Board of Immigration Appeals issued a precedent decision in Matter of Delcarmen-Lara, establishing that noncitizens with past unlawful presence who travel abroad on advance parole trigger statutory three- and ten-year reentry bars upon departure.

The ruling directly overrules the tribunal's 2012 precedent, Matter of Arrabally and Yerrabelly, which previously permitted eligible noncitizens to leave and re-enter the United States without treating international travel under advance parole as a statutory departure.

Under section 212(a)(9)(B) of the Immigration and Nationality Act, noncitizens who accrue more than 180 days but less than one year of unlawful presence face a three-year bar to lawful admission following departure. Those who accumulate one year or more face a ten-year bar.

The policy shift impacts Deferred Action for Childhood Arrivals recipients, Temporary Protected Status holders, and individuals with pending green card applications who accrued unlawful presence prior to obtaining protection or filing for adjustment of status.

Previously, DACA recipients and adjustment applicants utilized advance parole to execute a lawful re-entry, effectively curing prior unauthorized entries to facilitate green card processing. The new ruling closes that pathway for those subject to the statutory timeframes.

The Board confirmed that the ruling applies prospectively and will not retroactively alter the legal status or prior travel history of individuals who traveled on advance parole before August 13, 2026.

Legal advocates and immigration service providers now advise noncitizens with accrued unlawful presence to consult legal counsel before booking international travel or departing the country, as an application fee of $630 for advance parole no longer guarantees protection from reentry bars upon return.