We are once again facing significant changes in immigration law that may affect a large number of individuals with pending Form I-485 applications — meaning those who are currently waiting for their green cards inside the United States.
On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830, which overturns the long-standing precedent set by Matter of Arrabally and Yerrabelly.
This is a very serious development.
What has changed?
For many years, individuals in the U.S. who held Advance Parole (AP) were able, under certain circumstances, to travel abroad and return using that document without the trip being treated as a “departure” that would trigger the 3-year or 10-year unlawful presence bars.
Because of this, Advance Parole became a critical protection for many people with pending adjustment of status cases.
That interpretation has now changed.
The BIA has ruled that travel on Advance Parole may now be considered a “departure” for purposes of the unlawful presence bars under immigration law.
Why is this dangerous?
If a person has accumulated sufficient unlawful presence before leaving the United States, a trip abroad using Advance Parole may now potentially trigger an immigration bar upon departure.
For example:
🔴 More than 180 days of unlawful presence — potential 3-year bar
🔴 One year or more of unlawful presence — potential 10-year bar
This could seriously impact a person’s ability to obtain a green card through adjustment of status.
In some cases, waivers may still be available, but Advance Parole no longer automatically protects against unlawful presence consequences.
IMPORTANT: This does NOT mean everyone with Advance Parole is automatically barred
It is critical not to assume:
“I have AP, so I cannot travel.”
or
“I have AP, so I can travel safely.”
Both assumptions may be incorrect.
Everything depends on the individual immigration history, including:
- how you entered the U.S.;
- how long you were out of status;
- when and how unlawful presence accrued;
- your adjustment of status category;
- whether you have VAWA, TPS, DACA, or another protected status;
- prior departures from the U.S.;
- any removal order history;
- eligibility for waivers;
- and other case-specific factors.
Certain categories of immigrants may have exceptions to unlawful presence rules. Therefore, VAWA, TPS, DACA, and similar categories cannot be treated as identical situations.
What if someone is already outside the United States?
This is a particularly complex situation.
The new decision is generally described as applying prospectively (going forward). Therefore, the exact date of departure from the U.S. may be extremely important.
If you already left the U.S. using Advance Parole before this decision was issued, do not make any assumptions about whether you should return immediately or remain abroad.
Your next steps must be based on the specific facts of your case.
What should you do now?
OUR CURRENT RECOMMENDATION:
❗ DO NOT TRAVEL OUTSIDE THE UNITED STATES ON ADVANCE PAROLE UNTIL YOU RECEIVE INDIVIDUAL INSTRUCTIONS FROM OUR OFFICE.
This applies especially to clients with pending adjustment of status cases, particularly those who have ever had unlawful presence.
We are sending individualized alerts to clients who had planned travel and are also contacting those currently outside the United States.
We are doing this out of an abundance of caution while we analyze the full impact of Matter of Delcarmen-Lara across different categories of cases.
One more very important point
We understand how stressful and frustrating this change may be.
However, this decision was issued by the Board of Immigration Appeals, not by our law firm.
We did not create this rule or this precedent.
Our responsibility is to inform you of legal changes, warn you about potential risks, and protect your immigration case to the best of our ability.
We are all navigating this new and difficult situation together.
Therefore, questions are always welcome.
However, abusive, threatening, aggressive, or disrespectful phone calls, emails, messages, or any other communication directed at attorneys or staff are not acceptable.
Frustration is understandable. Aggression is not.
Such behavior may result in termination of legal representation if a client engages in threats, harassment, or repeated inappropriate conduct toward our office.
Key takeaway
Until you receive direct instructions from our office — DO NOT TRAVEL outside the U.S. on Advance Parole.
Do not book travel simply because your AP document is valid.
Do not rely on outdated social media videos, friends’ advice, or information that predates August 13, 2026.
Immigration law has changed, and each case must now be evaluated individually.
If you are already outside the United States or have upcoming travel planned using Advance Parole, do not take any action without first consulting your immigration attorney.
We will continue to closely monitor developments. This decision is very recent, and its full practical impact on different categories of immigrants is still being evaluated.
Protect your immigration case. Do not take travel risks until you are certain it is safe for YOUR specific situation.
By: Marina Shepelsky, Esq.
Shepelsky Law Group
📞 (718)769-6352
🔗 ShepelskyLaw.com