Old Decision

For several years, a decision made by the Board of Immigration Appeals (BIA, in Matter of Arrabally and Yerrabelly) held that travel abroad with advance parole was not considered a “departure” under immigration law.

This finding was important because immigration law* renders certain immigrants inadmissible, or not eligible for permanent residence, if they depart the United States after being in the United States unlawfully for certain periods of time.

Because the decision in Arrabally and Yerrabelly meant those who traveled with advance parole did not “depart” the United States, those individuals also did not trigger a bar for unlawful presence prior to their trip.

In some cases, traveling with advance parole even allowed certain immigrants who entered the United States initially without permission to become eligible for adjustment of status, or permanent residence, in certain situations. This was possible because upon their return to the United States with advance parole, these individuals are “inspected and admitted or paroled.” For example, a Deferred Action for Childhood Arrivals (DACA) holder with a U.S. citizen spouse could travel with advance parole and then apply for adjustment of status even though they initially entered the United States without inspection.

New Decision

In August 2026, the BIA overturned Matter of Arrabally and Yerrabelly in a new decision, Matter of Milagro Delcarmen-Lara.

The BIA’s decision in Matter of Milagro Delcarmen-Lara says that travel abroad, even with advance parole, does count as a “departure” and does trigger unlawful presence bars when applicable.

This means that individuals eligible for advance parole can still travel abroad and when they return to the United States, they be “inspected and admitted or paroled.” However, now, the departure from the United States may trigger the bars to unlawful presence and they may be required to file a waiver application.

So Now What?

If you already traveled with advance parole…

The decision in Matter of Milagro Delcarmen-Lara does not apply to anyone who traveled and returned on advance parole before August 13, 2026.

If you were granted advance parole and are considering traveling abroad…

Talk to your legal representative about whether traveling might trigger an unlawful presence bar and if so, whether it is advisable for you to travel.

If you have a prior order of deportation or removal, traveling may execute that order.

As always has been the case, after travel abroad, entry back into the United States could be prohibited by Customs and Border Protection (CBP) if the applicant for entry is determined to be inadmissible (ineligible to enter).

If you are planning on applying for advance parole…

Talk to your legal representative about whether traveling might trigger an unlawful presence bar or a prior removal order, and if so, whether it is advisable for you to apply for advance parole.

U.S. Citizenship and Immigration Services (USCIS) has yet to provide detailed guidance on how the decision in Matter of Milagro Delcarmen-Lara will be implemented but stay tuned for information that may be forthcoming.

Conclusion

The decision in Matter of Milagro Delcarmen-Lara will likely mean that advance parole is no longer the best route to applying for permanent residence. Individuals may find they need to consular process and apply for an immigrant visa abroad, which is a distinct process with separate requirements and applications.

It also means travel with advance parole is risky, not only for DACA holders, but also for individuals with pending adjustment of status applications and those with U and T visas.