For years, under Board of Immigration Appeals (BIA) precedent decision Matter of Arrabally and Yerrabelly, travelling outside of the U.S. with Advanced Parole did not constitute a “departure” which would trigger the unlawful presence bars. The BIA has just decided Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026) overruling this prior precedent and holding that travelling outside of the U.S. with Advance Parole can constitute a departure under INA § 212(a)(9)(B)(i)(II), triggering an unlawful presence bar.
Persons who have accrued unlawful presence and then depart the U.S. become subject to a three- or ten-year bar upon departure, depending on how long they were unlawfully present in the U.S. Now, under Matter of Delcarmen-Lara, persons who depart the U.S. with advance parole may trigger the unlawful presence bars, despite having been granted Advance Parole.
Persons who were issued Advance Parole or who are considering travelling out of the U.S. with Advance Parole must have their individual case closely reviewed by an immigration attorney to determine if they will trigger a bar upon departing the U.S., despite having advance parole.