Topic: Critical Immigration Policy Alert – Overruling of Matter of Arrabally and Yerrabelly

CRITICAL ADVISORY

If you or a loved one currently hold an approved Advance Parole travel document (Form I-512L) or are planning to travel abroad using Advance Parole, STOP and read this immediately.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision in Matter of Delcarmen-Lara that completely changes 14 years of established immigration law. Traveling outside the United States on Advance Parole if you have a history of unlawful presence could now trigger a 3-year or 10-year bar to re-entry, blocking your ability to return or get a Green Card.

Do NOT leave the United States without having an experienced immigration attorney review your full case history first.

1. What Happened? The New BIA Decision Explained

In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA officially overruled its 2012 landmark decision, Matter of Arrabally and Yerrabelly.

• The Old Rule (Arrabally & Yerrabelly, 2012–2026): For over a decade, the law stated that leaving the U.S. temporarily on a grant of Advance Parole did not count as a "departure" for the purposes of triggering unlawful presence bars under INA § 212(a)(9)(B). This allowed DACA recipients, TPS holders, and individuals with pending adjustment of status applications to travel abroad safely without triggering 3- or 10-year re-entry bans.

• The New Rule (Delcarmen-Lara, August 2026): The BIA ruled that the plain text of the Immigration and Nationality Act (INA) contains no exception for Advance Parole. Under the new rule, any trip outside the U.S. under Advance Parole IS considered a statutory "departure."

2. What Does This Mean in Practical Terms for Non-Lawyers?

To understand how this affects you, here is a breakdown in plain language:

A. The "Unlawful Presence" 3-Year & 10-Year Bars

Under U.S. federal immigration law (INA § 212(a)(9)(B)):

• If you stay in the U.S. without lawful status for more than 180 days but less than 1 year after turning 18, and then leave the U.S., you trigger a 3-year bar on re-entry.

• If you stay in the U.S. without lawful status for 1 year or more after turning 18, and then leave the U.S., you trigger a 10-year bar on re-entry.

B. The Advance Parole "Trap"

• Before this decision: Advance Parole acted as a safe mechanism. Even if you had 5 years of unlawful presence, traveling on Advance Parole did not trigger the 10-year bar. Many people used this travel to return lawfully (paroled) and then apply for a Green Card inside the U.S.

• Now: The physical act of crossing the border to go abroad—even with official Advance Parole paperwork in hand—will trigger the 3-year or 10-year bar if you accrued unlawful presence before leaving. When you attempt to re-enter or apply for permanent residence (a Green Card), USCIS or Border Patrol can deem you inadmissible.

3. Who Is Most at Risk?

You are at high risk of triggering a re-entry bar if you leave the country under Advance Parole and fall into any of these categories:

1. DACA Recipients: Anyone who received DACA after turning 18½ years old (meaning you accumulated more than 180 days of unlawful presence before getting DACA).

2. TPS Beneficiaries: Individuals holding Temporary Protected Status who had periods of unlawful presence prior to obtaining TPS.

3. Pending Green Card Applicants: Individuals adjusting status through family or employment who had past periods of unlawful presence in the U.S.

4. Anyone with Prior Deportation/Removal Orders: Individuals with past immigration court proceedings or final orders of removal.

4. Key Takeaways & What You Should Do Now

• Pause All International Travel: Even if you have an approved Advance Parole card (Form I-512L) or advance travel booked, do not board a plane or cross a land border until an attorney reviews your file.

• Get an Unlawful Presence Calculation: An immigration lawyer must carefully audit your timeline to calculate whether you accrued "unlawful presence." (For example, minors under 18 do not accrue unlawful presence for this bar, and certain DACA holders who were protected continuously before age 18½ may still be safe).

• Understanding Retroactivity vs. Prospective Application: The BIA noted in Delcarmen-Lara that this new standard applies prospectively (moving forward). However, how immigration agencies (USCIS, CBP) will interpret trips taken today versus past trips is complex. Do not make assumptions about your legal status without formal guidance.

Disclaimer: This blog post is provided for informational and educational purposes only and does not constitute formal legal advice. Immigration law is changing rapidly. If you are considering travel or have questions regarding your status, contact a licensed immigration attorney immediately.