Is Advance Parole Still Safe for People With Unlawful Presence?

For years, advance parole has been an important tool for immigrants who need to travel outside the US while their case is pending. In many situations, a person with a pending application could obtain advance parole to travel abroad, and return to the United States without the trip itself triggering certain immigration penalties. A recent decision from the Board of Immigration Appeals (BIA), however, has changed an important part of that analysis.

In Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA held that leaving the US with advance parole can count as a “departure” for purposes of the unlawful-presence bars under the Immigration and Nationality Act. The decision applied the plain language definition of the term “departure” and overruled an earlier BIA decision that had provided greater protection to certain immigrants who temporarily traveled using advance parole.

What is Advance Parole Intended for?

Advance parole generally allows certain noncitizens to request permission to return to the US after traveling abroad while an immigration application or other similar process is pending. For example, a person with a pending adjustment-of-status application may apply for advance parole before traveling internationally to visit family. Without the appropriate travel authorization, leaving the country can have serious consequences that may include the disqualification of your application.

Advance parole has never been a guarantee that a person will face no immigration consequences from traveling. Under INA § 212(a)(9)(B), a person who has accumulated more than 180 days of unlawful presence may become subject to a three-year bar after departing the United States. A person who has accumulated one year or more of unlawful presence may face a ten-year bar.

Previously, the BIA's decision in Matter of Arrabally and Yerrabelly provided an important exception for certain people traveling on advance parole. Under that decision, a temporary departure pursuant to advance parole generally did not count as a “departure” for purposes of the three- and ten-year unlawful-presence bars.

This meant that some immigrants who had accrued unlawful presence could travel using advance parole without triggering those particular bars simply because they left the country. DelCarmen-Lara changed that rule. The BIA concluded that a departure pursuant to advance parole is still a “departure” under INA § 212(a)(9)(B). As a result, people who have accrued enough unlawful presence may now face the three- or ten-year bar even if they left the US after obtaining advance parole.

This does not mean that advance parole is no longer useful, it can still be extremely important for people who are eligible to use it. What has changed is the assumption that advance parole automatically protects a person from the consequences of leaving the US.

For someone with a history of unlawful presence, international travel may now require much more careful consideration. The person's immigration history, the amount of unlawful presence they accumulated, whether they have a prior removal order, and the type of immigration benefit they are pursuing can all affect the analysis.

For this reason, obtaining advance parole should not be viewed as the end of the travel analysis. A person who has accrued significant unlawful presence or has previously been in removal proceedings should understand what could happen after leaving the US before making travel plans.

Matter of DelCarmen-Lara is an important reminder that having permission to travel and being protected from every immigration consequence of traveling are two different things.

Advance parole may still provide a valuable pathway for eligible immigrants, but whether it is safe to use depends on the individual's circumstances. Before traveling internationally, people with complicated immigration histories should consider speaking with an experienced immigration attorney about the potential consequences of leaving the US and how they can prepare before they leave.

Disclaimer: This is not legal advice. The information provided is for general informational purposes only. Immigration laws and enforcement priorities can change rapidly. For advice specific to your situation, please consult with a licensed immigration attorney at the Law Office of Phan Nguyen — call 469-465-2344 or visit nguyen-legal.com.