The key takeaway from this immigration news 2026 is that a temporary departure from the United States under a grant of advance parole now counts as a "departure" under INA § 212(a)(9)(B)(i)(II), which can trigger the 10-year unlawful presence inadmissibility bar for noncitizens who have accrued one year or more of unlawful presence.
The Board of Immigration Appeals issued this decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). It overrules the 2012 precedent in Matter of Arrabally and Yerrabelly, which had held that such departures did not trigger the bar. The BIA clarified that the statute contains no exception for advance parole travel.
This policy change affects adjustment of status eligibility and reentry for certain noncitizens who travel abroad after receiving advance parole. Advance parole is a document that allows certain noncitizens to leave the United States temporarily and return without abandoning pending applications. The ruling applies to motions to reopen for adjustment of status under INA § 245(a) where advance parole travel has occurred.
Noncitizens should consult an immigration attorney before any international travel and review their options for remaining in the United States while applications are pending.