Matter of Delcarmen-Lara (BIA 2026): Advance Parole Travel May Trigger 10-Year Unlawful Presence Bar
On August 13, 2026, the Board of Immigration Appeals issued Matter of Delcarmen-Lara, holding that a departure from the United States pursuant to advance parole can count as a departure for purposes of the 3- and 10-year unlawful presence bars under INA 212(a)(9)(B). The decision overrules Matter of Arrabally and Yerrabelly (2012) and may have broad consequences for travelers who left the U.S. on advance parole in the wake of high backlogs. The ruling is a final EOIR decision and is effective for cases after August 13, 2026, though practical effects will depend on subsequent regulatory or court developments. Lawyers and clients should reassess any travel plans, particularly for individuals with accrued unlawful presence or pending asylum or adjustment proceedings. Filing or reentry could be affected by the new interpretation, so planning ahead is essential. As with any evolving immigration rule, consultation with an experienced immigration attorney is advised to understand how Delcarmen-Lara applies to a specific case, including potential waivers, reentry timelines, and risk mitigation strategies.