Advance Parole and AOS travel: what changed after Matter of Delcarmen-Lara

What did the BIA decide?

On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The decision overruled Matter of Arrabally and Yerrabelly, a 2012 case that had treated certain trips on Advance Parole differently from other departures.

The BIA held that leaving the United States with Advance Parole counts as a “departure” for purposes of the 10-year unlawful presence bar. USCIS says the decision may also affect the 3-year bar.

How do the 3-year and 10-year bars work?

These bars can apply when someone has accrued unlawful presence and then leaves the United States:

• 3-year bar: Generally applies after more than 180 days but less than one year of unlawful presence, followed by a qualifying voluntary departure before removal proceedings begin.
• 10-year bar: Generally applies after one year or more of unlawful presence followed by departure or removal.
• A person may be inadmissible if they seek admission during the applicable 3- or 10-year period. The calculation of unlawful presence depends on a person’s full immigration history and can involve exceptions.

Why does this matter for adjustment applicants?

Advance Parole does not erase unlawful presence or waive inadmissibility. A person may be allowed to seek parole at a U.S. port of entry, but the travel document does not guarantee that DHS will parole them into the country. A departure that triggers an unlawful presence bar may also create a serious problem for someone seeking to adjust status.

This can affect some people with pending adjustment applications, as well as people whose unlawful presence accrued before they received a later immigration benefit or during a gap in protection. The decision does not mean every Advance Parole holder will face a bar. The outcome depends on the person’s specific dates, status history, travel document, and eligibility for any exception or waiver.

What about trips taken before the decision?

The BIA said its new holding applies prospectively. USCIS identifies August 13, 2026, as the date from which Advance Parole departures may count under its guidance. Earlier travel is generally not subject to this new interpretation, though a person’s specific history and any other grounds of inadmissibility still matter.

Before traveling on Advance Parole

Before leaving the United States, review the full immigration timeline: entries and exits, periods of authorized stay, prior applications, and any gaps in status or protection. Then assess whether unlawful presence accrued, whether an exception applies, and what the consequences of departure could be.

An approved Advance Parole document should not be treated as a guarantee of re-entry or as a waiver of an unlawful presence bar. If you have a pending green card application and are considering travel, speak with an immigration attorney before departing. If travel is not necessary, consider the risks before applying for or using a travel document.

This article provides general information and is not legal advice. Individual cases depend on their facts.