08/13/2026
🚨 MAJOR BIA DECISION: TRAVELING WITH ADVANCE PAROLE MAY RENDER YOU INELIGIBLE FOR ADJUSTMENT OF STATUS
The Board of Immigration Appeals has overturned Matter of Arrabally and Yerrabelly in Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026).
The key issue is not simply that advance parole has become more complicated.
The bigger concern is that, for certain individuals who have accumulated the required amount of unlawful presence, leaving the United States—even with advance parole—may now be treated as a “departure” that triggers the unlawful-presence ground of inadmissibility.
That can have serious consequences for someone seeking adjustment of status.
⚠️ Advance parole does not automatically make international travel safe. If you have a history of unlawful presence, traveling before understanding how this decision applies to your case could create a significant immigration problem.
The BIA also stated that its new interpretation applies prospectively.
📌 If you have advance parole and are considering leaving the United States, speak with an experienced immigration attorney before you travel.
This content is for general informational purposes only and does not constitute legal advice.