Archive · 16 Aug 2026
US reverses immigration rule; Advance Parole travel now triggers bars
Many people waiting for permission to stay in the United States use a special travel document called Advance Parole.
It lets them leave the country for a trip and come back while their immigration application is still being reviewed.
For 14 years, the rules said that using this document to travel did not count as 'leaving' the United States in a way that would punish them.
A new decision made on August 13, 2026, changed that.
Now, traveling with Advance Parole can count as leaving the country.
If someone stayed in the US without permission for more than six months before leaving, they might be barred from returning for three years.
If they stayed without permission for a year or more, the bar can last ten years.
The new rule only applies to trips taken on or after August 13, 2026, so earlier trips are not affected.
Government officials say people should talk to an immigration lawyer before planning any trip.
This could affect many people waiting for green cards, asylum, or DACA protection.
The US Board of Immigration Appeals issued a ruling on August 13, 2026, in Matter of Delcarmen-Lara, overturning a 14-year-old precedent.
Leaving the US on Advance Parole now counts as a 'departure' that can trigger three- or 10-year unlawful presence bars.
The decision reverses the 2012 Matter of Arrabally and Yerrabelly ruling, which had protected Advance Parole travelers from such bars.
Unlawful presence of more than 180 days but less than one year leads to a three-year bar, while one year or more leads to a 10-year bar.
The change applies only to travel on or after August 13, 2026, and USCIS is urging affected travelers to seek legal advice before leaving the US.
- Who
- The US Board of Immigration Appeals (BIA), the Executive Office for Immigration Review (EOIR), and US Citizenship and Immigration Services (USCIS), affecting foreign nationals with pending green card, asylum, or DACA-related applications.
- What
- A new BIA ruling overturning a 14-year-old precedent so that leaving the US on Advance Parole now counts as a departure that can trigger three- or 10-year unlawful presence bars.
- When
- August 13, 2026.
- Where
- The United States.
- Why
- The BIA reinterpreted how Advance Parole travel interacts with unlawful presence bars under Section 212(a)(9)(B)(i) of the Immigration and Nationality Act.
- Ruling date
- August 13, 2026
- Case name
- Matter of Delcarmen-Lara
- Overturned decision
- Matter of Arrabally and Yerrabelly (2012)
- Affected document
- Advance Parole (Form I-512L)
- Three-year bar
- Unlawful presence of more than 180 days but less than one year
- Ten-year bar
- Unlawful presence of one year or more
- Applicability
- Travel on or after August 13, 2026 only
- Issuing agencies
- BIA, EOIR, USCIS