USCIS has issued an urgent warning to immigrants holding Advance Parole documents, alerting them that travelling outside the United States may now trigger re-entry bars lasting three or ten years, following a precedent decision by the Board of Immigration Appeals (BIA) issued on 13 August 2026. The agency posted the warning on its official Facebook page on 20 August 2026, urging Advance Parole holders to review their status carefully before departing the country. This ruling overturns protections that have been in place for over a decade and fundamentally changes travel risk for a vulnerable population.
What changed
The ruling, known as Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), overturned the longstanding Matter of Arrabally and Yerrabelly decision from 2012, which had previously shielded certain immigrants from inadmissibility bars when departing.
The Board held that the word “departure” under the Immigration and Nationality Act (INA) has no exception for people who leave the country temporarily on advance parole. That statute makes someone inadmissible if they were unlawfully present for a year or more and then seek admission within 10 years of leaving. The new ruling applies a plain-language reading to the term “departure” that now catches Advance Parole holders who have accrued substantial unlawful presence.
Why it matters
This decision materially reshapes your duty to counsel clients holding Advance Parole. The 13 August 2026 ruling affects non-US citizens with a history of unlawful presence in high-risk categories, including DACA recipients (Dreamers), Temporary Protected Status (TPS) holders, individuals with a pending green card application (I-485), and individuals with a pending asylum application (I-589), and the impact is a potential 3-year or 10-year re-entry ban for them traveling on Advance Parole.
The math is now stark. The change impacts only those traveling on advance parole, who have already accrued a year or more of unlawful presence. If a client has more than 180 days of unlawful presence accrued, they face a 3-year bar upon departure and return. If they have a year or more, they face a 10-year bar. This is a massive shift from the old rule, which treated Advance Parole travel as internal to the adjustment process and free from the ordinary re-entry bar consequences.
The practical trap is acute: a client might hold valid Advance Parole authorization—permission to depart and return—yet face statutory inadmissibility upon their return based solely on the act of exercising it. Many practitioners and clients will be unaware of this shift, and international travel decisions made in August and September 2026 could trigger bars that do not resolve until 2029 or 2036.
Way forward
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Before any client travel on Advance Parole: Obtain their complete I-94 history and calculate unlawful presence day-by-day. If the total exceeds 180 days, counsel that departure now carries a statutory 3-year bar on return; if it exceeds one year, a 10-year bar. Do not advise travel without explicit written acknowledgment of this risk.
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For pending I-485 / I-589 cases: Review the client’s current status and approved Advance Parole. If travel is urgent, explore whether the case can be adjudicated before departure, or whether advance parole can be withdrawn to reset the analysis.
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For DACA and TPS recipients: These populations are especially exposed. Advise that international travel on Advance Parole now carries serious re-entry consequences for the first time in fourteen years. Urgent family travel may need to be deferred or re-evaluated with counsel.
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Monitor ongoing litigation: USCIS acknowledged that determining inadmissibility based on unlawful presence is a complex process and urged affected individuals to seek legal advice before making any travel decisions. This ruling is already subject to challenge in federal court; verify any client advice against the primary source and stay alert to injunctions or legislative response.
Disclaimer
This article is written by immigration practitioners for immigration practitioners and the public; Fola is not a law firm and this is not legal advice. Consult a licensed immigration attorney before making any travel decisions or advising a client. Immigration policy and case law change without notice, and courts may overturn or narrow this ruling. Always verify your analysis against the primary source materials linked above and the most recent authoritative guidance from USCIS, the Department of State, and the Board of Immigration Appeals.