This article provides a short update and alert on a major change in immigration law, impacting individuals who plan to depart the United States, travel internationally and return to the United States using their valid, unexpired Advance Parole Travel Document.
This alert only applies to individuals planning to depart the United States on or after August 13, 2026, and does not impact people who have traveled internationally and returned to the United States on Advance Parole before August 13, 2026.
Major Prospective Change in Immigration Law & Procedure
On August 13, 2026, the Board of Immigration Appeals (BIA) issued a new decision, Matter of Delcarmen-Lara. This new case impacts certain individuals leaving the United States with plans to return to the United States using a valid, unexpired Advance Parole Travel Document.
Advance Parole is a discretionary travel permit, which allows a noncitizen to leave the United States temporarily and seek reentry (or parole) back into the United States. Many noncitizens, including applicants for adjustment of status (permanent residency), DACA recipients, and people on Temporary Protected Status (TPS) travel internationally and return to the United States using Advance Parole.
Matter of Delcarmen-Lara ruled that when someone who has accrued more than 180 days of unlawful presence (time in the United States, after the age of 18, without lawful status or deferred action) leaves the country, they trigger a bar to reentry, often referred to as a “unlawful presence bar,” even if they have an approved Advance Parole Travel Document. An individual who triggers the “unlawful presence bar” is ineligible to apply for lawful permanent residence until either three years (someone who has more than 180 days but less than 1 year of unlawful presence) or ten years (someone who has more than one year of unlawful presence) have passed from the date that they left the United States.
This new decision overturns a 2012 case, Matter of Arrabally and Yerrabelly, which allowed for individuals to travel using Advance Parole and not technically register a “departure” from the United States, thus avoiding the unlawful presence bar.
This is a significant change in immigration law. If a noncitizen, including an applicant for lawful permanent residence, has accrued more than 180 days of unlawful presence in the past, it is not safe to travel internationally, even with Advance Parole. If a noncitizen travels on Advance Parole and triggers this unlawful presence-year bar, even if that noncitizen is allowed back into the United States, they will be ineligible for lawful permanent residence.
Not Retroactive: Does not apply to departures from the United States using Advance Parole that occurred before August 13, 2026
The new case law is not applied retroactively. Departures from the United States that occurred before August 13, 2026, will not result in an unlawful presence bar being applied, if the person returns on Advance Parole.
If you currently hold an Advance Parole Travel Document, do not leave the United States without first speaking to an immigration attorney. As always, the team at Kolko & Casey, P.C. is closely monitoring additional immigration updates and will provide updates as they are available.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law and policy change rapidly. Always consult an attorney or accredited representative for advice about your specific situation.
About the Author
Emilie is an Associate Attorney at Kolko and Casey, P.C. and focuses primarily on family-based and humanitarian immigration matters.
