Advance Parole Rule Change: What You Need to Know (August 2026)

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a major decision that changes the rules for people who travel outside the United States with advance parole. The decision, called Matter of Delcarmen-Lara, overturns a rule that had been in place since 2012. News about this decision is spreading quickly on social media, and many clients have already been calling and messaging our office with questions. Some of what is circulating online is accurate, and some is not. We want to explain clearly what changed, who is affected, and what you should keep in mind.

The most important message is this: if you are thinking about traveling with advance parole, talk to an immigration attorney before you leave the country. For many people, traveling abroad right now could create a serious problem that did not exist before this decision.

What Is Advance Parole?

Advance parole is a travel document that allows certain people to leave the United States and return, even if they do not have a green card or visa. It is commonly used by DACA recipients, TPS holders, and people with pending green card applications who need to travel for humanitarian, educational, or employment reasons.

What Was the Old Rule?

Immigration law says that a person who stays in the United States without lawful status for more than one year and then departs the country is barred from returning for 10 years. A shorter three year bar applies to people with more than 180 days of unlawful presence. These are often called the unlawful presence bars.

In 2012, the BIA decided a case called Matter of Arrabally and Yerrabelly. In that case, the Board held that leaving the United States with advance parole does not count as a "departure" under this law. In other words, if the government gave you permission to travel and return, your trip would not trigger the 10 year bar. For the past 14 years, this rule allowed many people, including DACA recipients and applicants for adjustment of status, to travel abroad safely with advance parole.

What Changed on August 13, 2026?

In Matter of Delcarmen-Lara, the BIA overruled Arrabally and Yerrabelly. The Board held that leaving the United States with advance parole is a departure under the law. This means that a person with one year or more of unlawful presence who travels abroad with advance parole can now trigger the 10 year bar when they leave. The decision directly addresses the 10 year bar, and the same reasoning is expected to apply to the three year bar as well.

For people applying for a green card, this matters a great deal. To get a green card, you must be admissible to the United States. If your trip triggers one of these bars, you may become ineligible unless you qualify for a waiver.

Important: The New Rule Applies Going Forward, Not Backward

There is significant good news in this decision. The BIA stated that the new rule will apply prospectively, meaning it applies going forward. The Board recognized that many people relied on the old rule for 14 years, and it declined to apply the new rule to the person in the case before it.

This means that if you already traveled with advance parole in the past and returned to the United States, your prior trip should still be evaluated under the old rule. If your green card case is based on a past advance parole trip, that case is not automatically ruined by this decision.

However, some details about exactly how the new rule will be applied are not yet settled, and we expect additional guidance from USCIS in the coming weeks and months.

Who Should Pay Attention to This Decision?

DACA recipients with advance parole. If you have an approved advance parole document but have not yet traveled, do not travel before speaking with an attorney. A trip abroad now could trigger a bar that prevents you from getting a green card later.

TPS holders planning to travel. TPS travel involves its own set of rules, but anyone with a history of unlawful presence should have their situation reviewed before leaving the country.

People with pending green card applications. If you filed for adjustment of status and received advance parole, traveling abroad now carries new risk if you have a history of unlawful presence. Review your travel plans with your attorney first.

People who already traveled and returned. Your situation is different. Because the new rule applies going forward, your past trip should still be protected under the old rule. If you have a pending case involving a past advance parole entry, contact your attorney so your file reflects the correct legal arguments.

What Should You Do Now?

Do not panic, but do not travel without advice. This decision does not take away DACA, TPS, or any pending application. It changes the consequences of future travel. The safest step for anyone with advance parole and a history of unlawful presence is simple: pause your travel plans and get a legal consultation first.

We are monitoring this decision closely, including any court challenges and new USCIS guidance, and we will post updates as the situation develops.

If you have questions about how this decision affects your situation, feel free to reach out to our office.

Phone number: (212) 683-8242

Offices in Manhattan & Hicksville

This post is for general information only and does not constitute legal advice. Every case is unique. Please consult with a qualified immigration attorney about your specific situation.