On August 13, 2026, the Board of Immigration Appeals issued an important decision that changes how Advance Parole travel may affect certain Green Card applicants. In Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the Board held that leaving the United States with Advance Parole is still considered a “departure” for purposes of the 10-year unlawful-presence bar. In reaching this decision, the Board overruled its longstanding precedent in Matter of Arrabally and Yerrabelly. 

What Does This Mean?

Under U.S. immigration law, a person who has accumulated one year or more of unlawful presence may become inadmissible for 10 years after departing the United States. This means that such persons are not eligible to be allowed into the United States for 10 years from the date of departure. Previously, people who travel using Advance Parole did not constitute the type of departure that triggered this bar. The Board has now rejected that interpretation, concluding that the law does not provide an exception simply because the person obtained Advance Parole before traveling. 

Example: 

Consider a Nigerian citizen who entered the United States on a B-2 visitor visa, overstayed, and later married a U.S. citizen. Her spouse files Form I-130 for her, and she files Form I-485 for adjustment of status (Green Card). While those applications are pending, USCIS approves her Advance Parole document. She then travels to Nigeria for a short visit with her family.

If she accumulated more than one year of unlawful presence before filing for adjustment of status, her departure to Nigeria may now trigger the 10-year unlawful-presence bar under Matter of Delcarmen-Lara. This can happen even though she is married to a U.S. citizen, has a pending green card application, received Advance Parole from USCIS, and intended only a temporary trip to visit family. The BIA specifically held that a temporary trip abroad using Advance Parole can constitute a departure for purposes of the unlawful-presence bar. Meaning that because USCIS approved you Advanced Parole document does not protect you from being refused entry upon your return. 

The important point is that certain immigration violations, such as an overstay, may not prevent the immediate relative of a U.S. citizen from adjusting status inside the United States. However, that does not automatically eliminate a separate ground of inadmissibility that may arise after the applicant leaves the United States. Depending on the circumstances, the applicant could then require a waiver before permanent residence can be approved.

Does the New Rule Apply to Past Travel?

The Board recognized that its decision represents a significant change from the law that applicants had relied upon for many years. It therefore held that the new rule will apply prospectively rather than retroactively. This means that Advance Parole travel that occurred before this new decision may be treated differently from travel occurring after the decision. 

What Should Green Card Applicants Do?

Applicants who have overstayed a visa or otherwise accumulated unlawful presence should exercise significant caution before traveling outside the United States, even if USCIS has approved Advance Parole. An approved Advance Parole document should NOT be treated as a guarantee that international travel will have no effect on a pending green card application. The BIA expressly stated that an individual may become inadmissible under the 10-year bar because of a trip abroad taken with Advance Parole. 

WARNING: IF YOU OVERSTAYED YOUR VISA BEFORE FILING FOR YOUR GREEN CARD, DO NOT ASSUME THAT AN APPROVED ADVANCE PAROLE DOCUMENT MAKES INTERNATIONAL TRAVEL SAFE. SPEAK WITH AN EXPERIENCED IMMIGRATION ATTORNEY BEFORE LEAVING THE UNITED STATES.

At ASIRILAW, PLLC, we assist clients with reviewing their immigration history, periods of unlawful presence, filing Green Card or Citizenship applications, and potential grounds of inadmissibility before international travel. We also represent people in removal or deportation proceedings. 

If you have a pending Green Card application and are considering traveling with Advance Parole, contact our office before you travel to discuss how Matter of Delcarmen-Lara may affect your particular case.

ASIRILAW, PLLC
2001 Timberloch Place, Suite 500
The Woodlands, Texas 77380
Phone: 936-514-2000
Email: [email protected]
Website: www.asirilaw.com

This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration consequences depend on the specific facts and immigration history of each individual.