Imagine this: your green card case is pending, a family wedding is calling you home, and you’re holding an advance parole document that’s always meant one thing — you can leave and come back safely.
As of August 13, 2026, that promise isn’t as solid as it used to be.
The Ruling That Rewrote the Rules
The Board of Immigration Appeals (BIA) just overturned more than a decade of settled immigration practice. In Matter of Delcarmen-Lara, the Board ruled that traveling abroad on advance parole now counts as a legal “departure” from the United States — which means it can now trigger the same three- or ten-year reentry bars that apply to anyone who leaves the country after accruing unlawful presence.
That’s a direct reversal of the Board’s 2012 precedent, Matter of Arrabally and Yerrabelly, which had protected travelers for 14 years by drawing a clear line: a trip on advance parole simply didn’t count as a “departure” that could activate those bars. Green card applicants and DACA recipients built their lives around that protection — flying home for weddings, funerals, family emergencies, or just to see the people they love — without putting their path to lawful status at risk.
USCIS has confirmed the change took effect immediately.
The Case Behind the Headline
The ruling centers on a Salvadoran woman ordered removed from the U.S. in 2006 — an order the Board upheld two years later. Despite that standing order, she was granted DACA in 2013, later married a U.S. citizen who filed an immigrant petition on her behalf, and returned to the U.S. on advance parole in January 2024 after a trip abroad. That single return trip is what put her case, and now this entire legal question, in front of the Board.
What These “Bars” Actually Mean for You
Under the Immigration and Nationality Act, leaving the U.S. after racking up unlawful presence can trigger real consequences when you try to come back:
- Three-year bar — applies if you accrued more than 180 days but less than one year of unlawful presence before departing.
- Ten-year bar — applies if you accrued one year or more of unlawful presence before departing.
Before this ruling, advance parole travel sidestepped both bars completely. Not anymore. A trip abroad on advance parole is now treated like any other departure — meaning applicants with qualifying unlawful presence in their history could return home only to find themselves inadmissible, potentially derailing an otherwise-approvable green card case.
Here’s the part that catches people off guard: having advance parole in hand does not, by itself, protect you. Parole gets you paroled back into the country — but it doesn’t erase or override the unlawful-presence bar. These are two entirely separate legal questions, and a waiver may now be required before an adjustment of status case can move forward.
The One Silver Lining: It’s Not Retroactive
The Board did build in a safeguard. After running its own retroactivity analysis, it concluded that people had spent well over a decade shaping their travel and immigration decisions around the old rule — so punishing past trips taken in good-faith reliance on Arrabally would be unfair. The new rule applies prospectively only: travel that already happened under the old standard won’t be penalized under the new one.
But that protection stops there. Any trip you take from today forward falls under the new standard — which means anyone considering international travel on advance parole needs to understand their unlawful-presence history before booking a ticket.
The Reaction Has Been Sharp
Immigration attorneys and advocates aren’t mincing words. American Immigration Lawyers Association President Jeff Joseph described the decision as flipping 14 years of well-settled law and policy on its head. FWD.us President Todd Schulte went further, calling it part of a pattern of eroding DACA protections piece by piece, without ever formally announcing it — and he’s pushing for a future administration to reverse course.
The government’s position is more straightforward: Congress wrote real consequences into the statute for leaving the country after accruing unlawful presence, and the agency says it’s simply enforcing the law as written.
Who Needs to Pay Attention Right Now
This ruling hits hardest for:
- DACA recipients who travel internationally using advance parole
- Pending green card (adjustment of status) applicants — especially anyone who ever had a gap in valid status, like a missed OPT deadline, a late change-of-status filing, or an incomplete reinstatement, before their green card process began
- Anyone whose only valid basis for reentry is an advance parole document, rather than an underlying visa
- Existing permanent residents renewing an expiring green card, since travel timing now matters even more if any part of their history overlaps with a prior unlawful-presence issue
If any of that sounds like you, the safest move before you travel is to have your unlawful-presence history reviewed by someone who can walk through the dates with you. The calculation isn’t always obvious — and a mistake here can mean years of separation from family or work in the U.S.
What You Can Do Right Now
Talk to an immigration attorney before you travel. If there’s any chance you’ve accrued unlawful presence — even a stretch of time you’re not sure counts — get it reviewed before you leave the country, not after. Immigration Direct’s attorney consultation service connects you with independent, experienced immigration attorneys who can assess your specific timeline and flag risk before you ever book a flight.
Review your travel document paperwork. If you’re applying for or renewing advance parole through your DACA case, your Form I-131 needs to be complete and accurate — errors or omissions can compound the new legal exposure. Start or review your I-131 application to make sure nothing’s missing.
Get your green card case reviewed the right way. If you’re preparing or filing for adjustment of status, now is the moment to make sure your paperwork — and your travel history — are airtight before you submit. Have your green card application checked before you file.
Renew your green card if it’s coming up for expiration. Filing Form I-90 is a separate process from adjustment of status, but it’s worth handling in parallel — especially if travel is on your horizon. An expired or soon-to-expire card can complicate reentry on its own, on top of the new advance parole exposure. File your Form I-90 renewal before your card lapses.
Immigration law is shifting fast, and rulings like this one can upend a trip you’d otherwise take without a second thought. When in doubt, get advice before you leave — not after you’re standing at the border trying to come back. Visit Immigration Direct to get started on any of the steps above.
This article is for general informational purposes only and is not legal advice. Immigration Direct is not a law firm and is not affiliated with USCIS or any government agency.
