The Board of Immigration Appeals (BIA) ruled that traveling abroad on advance parole can now trigger the three year or ten year unlawful presence bar, depending on how much unlawful presence a person accrued before leaving. The decision, issued August 13, 2026, overrules the Board’s 2012 precedent in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
Background
For more than fourteen years, Arrabally and Yerrabelly protected people who traveled internationally on advance parole, holding that such a trip didn’t count as a departure for purposes of the unlawful presence bars. That protection is gone. In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the Board reversed course and Arrabally and Yerrabelly is no longer good law.
What Changed with Delcarmen-Lara
The Board’s new position holds that:
- Travel on advance parole is a departure under INA §212(a)(9)(B)(i)(II).
- The statute doesn’t carve out an exception for people traveling on advance parole.
- A person who accrued more than 180 days of unlawful presence before departing may trigger the three year bar upon seeking readmission.
- A person who accrued one year or more of unlawful presence before departing may trigger the ten year bar upon seeking readmission.
In short, leaving the U.S. on advance parole now counts as a departure in the eyes of the Board, and the length of time someone was unlawfully present before that departure determines which bar applies.
Application
The Board limited the ruling to prospective effect. Because applicants relied on Arrabally and Yerrabelly for over a decade, people who already traveled on advance parole under the old rule aren’t affected retroactively. The new standard applies only going forward from the decision.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.