For 14 years, green card applicants could travel abroad on Advance Parole without worrying that the trip itself would count against them, even if they had lived in the U.S. without legal status before. That protection ended on August 13, 2026. A new ruling from the Board of Immigration Appeals (BIA), the federal court that decides immigration appeals, means that same trip can now trigger a three- or ten-year bar on returning to the U.S. Here's what changed, who it affects, and what to do before you book a trip.
What's Actually Happening
Advance Parole is a travel document that lets certain immigrants, including green card applicants and DACA recipients, leave the U.S. and come back without abandoning their pending case. Since 2012, a court decision called Matter of Arrabally and Yerrabelly protected these travelers: even if someone had accrued unlawful presence (time spent in the U.S. without legal status) before their trip, leaving on Advance Parole did not count as a “departure” that could trigger a reentry bar.
The BIA reversed that rule in a new case: Matter of Delcarmen-Lara. Now, a trip abroad on Advance Parole does count as a departure. If someone had 180 days to a year of unlawful presence before leaving, they risk a 3-year bar. A year or more, and it's a 10-year bar.
The Case That Changed Everything
The ruling grew out of a real case. A woman from El Salvador was ordered removed from the U.S. in 2006. But then she was granted DACA in 2013, married a U.S. citizen who filed a green card petition for her, and traveled abroad on Advance Parole in January 2024. When she tried to use that trip to move her green card case forward, the Board used her case to revisit, and ultimately overturn, the rule that had protected travelers like her for over a decade.
Who Should Be Paying Attention
This change matters most for people who meet all three of the following:
- You've accrued 180 days or more of unlawful presence in the U.S. at some point.
- You currently have, or are planning to apply for, Advance Parole.
- You're planning to travel internationally after August 13, 2026.
That can include adjustment of status applicants, DACA recipients, and people who built up unlawful presence years before their case became eligible to move forward. Not everyone with Advance Parole is affected. If you never accrued unlawful presence, or your case involves lawful status the whole way through, this ruling has nothing to trigger.
What Hasn't Changed
The BIA applied this new rule prospectively, meaning it only applies going forward. If you already traveled and returned on Advance Parole before August 13, 2026, that trip is still protected under the old rule. Advance Parole itself hasn't been eliminated, and a waiver of the unlawful presence bar may still be available for people who qualify.
What to Do Right Now
- Don't assume a valid Advance Parole document makes international travel safe.
- Have your immigration history, including any unlawful presence, reviewed before you book a trip.
- If your trip already happened before August 13, 2026, it should still fall under the old rule.
- Ask an attorney about waiver options if you think this ruling could affect you.
Planning to Travel on Advance Parole? We Can Help.
Before you book a trip, let our team review your immigration history and confirm whether this new rule affects your case. Contact Landerholm Immigration, A.P.C. today for a case evaluation.
Oakland: (510) 574-7377
www.landerholmimmigration.com
1900 Embarcadero, Suite 310, Oakland, CA 94606
Sources: U.S. Department of Justice, Executive Office for Immigration Review (August 13, 2026), USCIS.gov, Business Standard (August 17, 2026), and Latin Times (August 17, 2026).