On August 13, 2026, the Board of Immigration Appeals (BIA) issued a major
precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026),
overruling Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
For more than 14 years, Arrabally and Yerrabelly provided a pathway to citizenship by
generally protecting certain individuals who traveled outside the United States with
Advance Parole from triggering the 3-year or 10-year unlawful-presence bars.
The Trump administration, in its escalating war on immigrants, has now taken away this
path. Under Delcarmen-Lara, the BIA held that a person’s departure from the United
States pursuant to Advance Parole is considered a “departure” under INA §
212(a)(9)(B)(i)(II).
Depending on the amount of unlawful presence accrued before departure, international
travel could result in:
– A 3-year bar for certain individuals with more than 180 days of unlawful
presence; or
– A 10-year bar for certain individuals with one year or more of unlawful presence.
– In certain cases, individuals may be eligible to run the bars while inside the
United States.
The BIA specifically stated that its new rule will apply prospectively, recognizing that
individuals have relied on Arrabally and Yerrabelly for many years. So if you already
have a parole entry from before 13 Aug 2026, it will still protect you from the 3/10 year
bars. But not after.
Do not rely solely on having an approved Advance Parole document before
leaving the United States. TALK TO A LAWYER. Otherwise your next flight out
may be one-way, not round trip.
The HMA Law FirM
