By: Ann Massey Badmus August 13, 2026

New Immigration Ruling Could Block Green Cards After Travel on Advance Parole

What did the BIA decide?

In Matter of Delcarmen-Lara, the BIA considered whether a person who temporarily leaves the United States under Advance Parole has made a “departure” under the Immigration and Nationality Act (INA).

The BIA concluded that the ordinary meaning of “departure” includes leaving the United States temporarily under Advance Parole. The Board emphasized that the statute does not expressly create an exception for Advance Parole travel.

As a result, the BIA overruled Arrabally and Yerrabelly and held that:

A person can make a statutory “departure” even when traveling with Advance Parole.
The departure can trigger the unlawful presence bar under INA § 212(a)(9)(B).
A person who accrued one year or more of unlawful presence before leaving may become inadmissible for 10 years.
That inadmissibility can affect eligibility for adjustment of status under INA § 245(a).

The BIA’s decision is available through the official EOIR decision.

Who is affected by this Advance Parole decision?

You may face significant risk if you meet all or most of the following conditions:

You are physically present in the United States.
You have accrued unlawful presence.
You plan to leave the country using Advance Parole.
You intend to return and apply for a green card through adjustment of status.
You do not have an approved waiver or another protection from inadmissibility.

This issue may affect individuals with pending or potential:

Family-based adjustment of status applications
Employment-based green card applications
Marriage-based green card cases
DACA-related Advance Parole travel
Temporary Protected Status (TPS) cases
Other applications relying on parole to support adjustment eligibility

Do not assume that an approved Advance Parole document makes international travel safe. Advance Parole is a travel authorization, not a guarantee that you will be admitted or that you will remain eligible for a green card.

How does unlawful presence trigger the 3- and 10-year bars?

The unlawful presence bars are found in INA § 212(a)(9)(B).

Generally:

If you accrued more than 180 days but less than one year of unlawful presence and then depart, you may face a 3-year bar.
If you accrued one year or more of unlawful presence and then depart, you may face a 10-year bar.

The Delcarmen-Lara decision directly addresses the statutory language governing the 10-year bar in INA § 212(a)(9)(B)(i)(II). Its reasoning creates immediate concern for anyone with a history of unlawful presence who plans to travel on Advance Parole.

Even if your specific circumstances involve less than one year of unlawful presence, you should not assume that Advance Parole travel is harmless. The meaning of “departure” is now being interpreted more strictly, and your eligibility must be evaluated based on the exact dates, immigration history, and legal category involved.

Unlawful presence calculations can be complicated. Certain periods may not count, including some time accrued by minors, certain asylum applicants, and individuals protected by specific statutory or policy exceptions. The calculation may also be affected by pending applications, deferred action, prior status, and other circumstances.

What does this mean for adjustment of status under INA § 245(a)?

To adjust status under INA § 245(a), you generally must establish that you are eligible for a green card and admissible to the United States.

The new BIA decision matters because a person who leaves the United States after accruing at least one year of unlawful presence may return with a new inadmissibility problem. If the 10-year bar applies, the person may be unable to satisfy the admissibility requirement for adjustment of status.

The consequences can include:

A pending adjustment of status application may be denied.
A person may lose the ability to complete the green card process inside the United States.
The applicant may need to pursue consular processing abroad.
A waiver may be required, if one is legally available.
Leaving the United States may expose the applicant to additional immigration risks.

Advance Parole can still be relevant to the “inspected and admitted or paroled” requirement in some adjustment cases. However, parole does not automatically cure inadmissibility. These are separate legal questions:

Were you inspected or paroled when you returned?
Did your departure trigger an unlawful presence bar?
Are you admissible for adjustment of status?
Do other grounds of inadmissibility or adjustment bars apply?

A favorable answer to one question does not necessarily resolve the others.

What is protected by the prospective application of the decision?

The BIA recognized that Arrabally and Yerrabelly was longstanding precedent. For that reason, the Board applied Delcarmen-Lara prospectively rather than retroactively.

This is a crucial protection.

People who traveled under Advance Parole while Arrabally and Yerrabelly was controlling law should not have the new interpretation applied to those past trips. The BIA acknowledged that applicants relied on the prior rule and that retroactive application could impose a significant burden.

However, the decision does not mean every past case is automatically resolved. Other issues may still matter, including:

Whether the person actually had a valid Advance Parole document before leaving
Whether the travel occurred during the period covered by the document
Whether the person had a final removal order
Whether the person had other grounds of inadmissibility
Whether the person met the requirements for adjustment of status
Whether the case is in immigration court, before USCIS, or in another procedural posture

The BIA also declined to decide whether the respondent’s 2024 trip would trigger the bar because the new rule was prospective and other procedural issues resolved the motion to reopen.

Therefore, past travel should be reviewed carefully, but future travel should be treated as high risk.

What should you do if you have Advance Parole?

If you have prior unlawful presence, take these steps immediately:

1. Stop and obtain legal advice before traveling

Do not leave the United States on Advance Parole until an experienced immigration lawyer reviews your history. This recommendation applies even if:

USCIS approved your Advance Parole application
You have a pending adjustment application
You previously traveled on Advance Parole without problems
Your trip is for an urgent family, medical, or employment reason

A travel document does not eliminate the possibility of an inadmissibility finding.

2. Review your immigration timeline

Your lawyer will likely need to examine:

Every entry and departure from the United States
Visa expiration dates
Periods without lawful status
Prior applications and immigration benefits
Work authorization and deferred action history
Removal, deportation, or exclusion orders
The date and validity period of your Advance Parole document

Small differences in dates can change the legal analysis.

3. Review your pending adjustment case

If you have a pending Form I-485, your case may require immediate strategic review. You may need to assess whether travel should be canceled, whether additional evidence is needed, or whether another immigration pathway is available.

You can review general green card resources through our immigration services page and stay informed through our immigration news resources.

4. Discuss waivers and alternative pathways

Some applicants may need to consider a waiver or a different process. For example, a person pursuing family-based immigration may potentially qualify for a provisional unlawful presence waiver using Form I-601A before consular processing.

However, an I-601A waiver does not make consular processing risk-free. It generally addresses unlawful presence only. Other inadmissibility grounds, prior removal orders, fraud, criminal issues, and unlawful reentry concerns may still create serious problems.

Never leave the United States to pursue consular processing without a complete legal assessment.

What is the bigger picture?

For many years, Advance Parole provided an important bridge for people waiting for adjustment of status. It allowed certain applicants to travel temporarily without automatically triggering the 3- or 10-year unlawful presence bars under the Arrabally framework.

Delcarmen-Lara changes that risk calculation.

The decision underscores a broader point: immigration benefits and travel documents must be evaluated together. An applicant may have a valid petition, an approved I-485, employment authorization, and Advance Parole: and still face a serious inadmissibility problem after departure.

This is a rapidly developing area of immigration law. USCIS guidance, federal court decisions, agency implementation, and possible litigation may affect how the ruling is applied in practice. We will continue to monitor these developments and keep you updated.

How can an immigration lawyer help?

An immigration lawyer can help you determine:

Whether you accrued unlawful presence
Whether an exception applies
Whether a proposed trip could trigger a 3- or 10-year bar
Whether the prospective protection applies to a prior trip
Whether adjustment of status remains available
Whether a waiver or alternative strategy should be considered
Whether your case includes removal-order or unlawful-reentry risks

At Badmus & Associates, our team assists clients nationwide with complex adjustment of status, family immigration, employment immigration, and green card matters. You can contact our office or learn more about our legal team to discuss your situation.

This article is for general educational purposes only and is not legal advice. Immigration outcomes depend on the facts of each case, and the law may change. Do not rely on this article alone when deciding whether to travel internationally.

Stay informed, and consult qualified immigration counsel before taking action.

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