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ARTICLE · 24 AUGUST 2026

Travel On Advance Parole May Now Trigger Immigration Bars

Klasko Immigration Law Partners
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A recent Board of Immigration Appeals decision fundamentally changes how advance parole travel affects immigration status, potentially triggering a 10-year bar for DACA recipients, TPS holders, and green card applicants with prior unlawful presence. This ruling overturns 14 years of precedent and creates significant new risks for workers and employers who rely on advance parole for international travel.

United StatesImmigration
Megan Kludt
Megan Kludt
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On August 13, 2026, in Matter of Delcarmen-Lara, the Board of Immigration Appeals (“the Board”) ruled that travel outside the United States on a grant of “advance parole” constitutes a “departure” for purposes of the 10-year unlawful presence bar.

Under the Immigration and Nationality Act (INA), an individual who accrues more than one year of unlawful presence in the United States, and then departs will trigger a 10-year bar on admission. This can prevent them from obtaining a green card or nonimmigrant status in the future unless a waiver is available.

What Has Changed and Who Is Impacted?

In 2012 in Matter of Arrabally and Yerrabelly, the Board held that travel on a pre-approved grant of advance parole did not constitute a “departure” for purposes of the unlawful presence bar.

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