US Immigration: New Ruling Puts Advance Parole Travellers at Risk of Re-Entry Bans

The US Board of Immigration Appeals (BIA) has ruled that travelling abroad on Advance Parole can count as a formal departure from the country, potentially exposing some immigrants to three- and ten-year re-entry bars.

The decision, issued on 13 August 2026 in Matter of Delcarmen-Lara, overturns more than a decade of BIA precedent on how departures from the US are treated under immigration law. Since 2012, the BIA’s decision in Matter of Arrabally and Yerrabelly had established that travel on Advance Parole did not count as a departure for the purposes of unlawful presence bars. 

This allowed people with previous periods of unlawful presence to travel abroad without automatically triggering a three- or ten-year bar on returning to the US. The new ruling removes that protection. From 13 August, leaving the US on Advance Parole is treated as a departure. 

People who had accumulated more than 180 days of unlawful presence before travelling may therefore face a three-year bar, while those with one year or more of unlawful presence may face a ten-year bar. In some cases, repeated unlawful entries after prolonged unlawful presence can result in a permanent bar.

The ruling does not apply retroactively, but it will govern travel from the date of the decision onwards. Advance Parole is commonly used by people with pending immigration cases, including applicants seeking to adjust their status in the US, asylum applicants and beneficiaries of programmes such as Deferred Action for Childhood Arrivals (DACA). 

The document has allowed eligible applicants to travel abroad without abandoning certain pending applications. The change means that people who have previously accrued unlawful presence must now consider the potential consequences of travelling before leaving the US. A trip abroad could result in a lengthy bar on re-entry and affect the progress of an immigration case.

US Citizenship and Immigration Services (USCIS) has issued a public notice about the ruling. The agency said its guidance is general and advised individuals to seek professional legal advice before travelling. USCIS has also reminded applicants to check that immigration advisers are properly authorised and directed them to its resources on avoiding scams.

Immigration lawyers have warned that the decision could make people more reluctant to undertake legitimate travel and increase uncertainty for applicants already facing lengthy processing times and backlogs.