Important Immigration Travel Advisory: New Risks for Traveling on Advance Parole

Recent developments in U.S. immigration law and immigration enforcement have changed the risks associated with both international and domestic travel for certain noncitizens.

This does not mean that all travel is unsafe or that every person with a pending immigration case should avoid traveling.

However, beginning August 13, 2026, your immigration history, current status, prior periods of unlawful presence, and pending applications may significantly affect whether travel is advisable.

For this reason, individuals with unresolved immigration-status issues should carefully review their circumstances before making any travel plans on or after August 13^th.

Major Change to International Travel With Advance Parole

One of the most significant recent developments involves Advance Parole.

Advance Parole is a travel document that may allow certain noncitizens—including some applicants with a pending Form I-485 Application to Adjust Status—to temporarily leave the United States and regain admission using advance parole after temporary foreign travel.

For years, many applicants relied on the rule established in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which generally held that temporary international travel under Advance Parole was not considered a “departure” for purposes of the unlawful-presence bar addressed in that case.

That rule has now changed.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued its precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The BIA expressly overruled Arrabally and Yerrabelly and held that leaving the United States pursuant to Advance Parole can constitute a “departure” under INA § 212(a)(9)(B).

This is an important change because departure from the United States can trigger serious immigration consequences for individuals who previously accumulated unlawful presence.

The 3-Year and 10-Year Unlawful-Presence Bars

Under U.S. immigration law, certain periods of unlawful presence followed by departure from the United States may result in a person becoming inadmissible.

Generally:

A person who accrued more than 180 days but less than one year of unlawful presence may potentially become subject to a 3-year bar after departure.
A person who accrued one year or more of unlawful presence may potentially become subject to a 10-year bar after departure.

The significance of Matter of Delcarmen-Lara is that traveling with Advance Parole can now be considered a “departure” from the United States for purposes of the unlawful-presence bars.

In other words, having an approved Advance Parole document does not automatically protect a person from triggering the 3-year or 10-year bar if they previously accrued unlawful presence.

Before Aug. 13, 2026	New Rule Starting Aug. 13, 2026	What It Means for Travelers
Advance Parole travel generally was not treated as a “departure” for the unlawful-presence bars.	Advance Parole travel can now qualify as a departure.	Travelers with prior unlawful presence may trigger the 3- or 10-year bar.
Certain applicants could travel despite previously accruing unlawful presence.	More than 180 days of unlawful presence can create serious consequences upon departure.	Review your immigration history with an attorney before traveling.
The prior rule applied to travel completed before the change.	The new rule applies to travel on or after August 13, 2026.	Earlier Advance Parole trips are not affected by this change.

Having Advance Parole Does Not Mean Travel Is Risk-Free

Receiving an Advance Parole document from USCIS does not mean that international travel is safe in every immigration case.

Who Is Affected

Individuals should be particularly cautious and refrain from traveling if they have ever:

overstayed a visa or authorized period of admission;
remained in the United States without lawful status;
entered the United States without authorization;
had gaps in their immigration status;
accumulated unlawful presence before obtaining another immigration benefit; or
are uncertain whether any period of their immigration history may qualify as unlawful presence.

Anyone who may be affected should have their individual immigration history reviewed by an attorney before making travel plans.

Who is NOT Affected

If you have never accrued unlawful presence, overstayed a visa, remained in the U.S. without lawful status, and never had gaps in your immigration status this issue may not apply to you.

What About Advance Parole Travel That Already Happened?

The good news is that the Board declined to apply the new rule retroactively. Applying the five-factor framework from Matter of Cordero-Garcia, 27 I&N Dec. 652, 658 (BIA 2019), the Board determined that prior reliance on the old rule should be respected.

As a result, Advance Parole travel completed before August 13, 2026, is not affected.

Travel on or after August 13, 2026, however, is subject to the new rule.

Bottom line: If you have accrued more than 180 days of unlawful presence and have, or are considering applying for Advance Parole, on or after August 13^th, you should have your travel plans reviewed by an immigration attorney before booking any international trip. Under the new rule, the consequences of travel depend on the specific facts of your immigration history

Domestic Air Travel Also Requires Additional Caution

International travel is not the only concern.

Recent immigration-enforcement concerns at U.S. airports also mean that some noncitizens should carefully consider their immigration situation before taking non-emergency domestic flights.

Domestic travel does not involve departing the United States in the same manner as international travel. However, airports are locations where travelers may encounter federal authorities and having a pending I-485 immigration application (green card) with USCIS does not prevent a person from being questioned or detained by federal immigration authorities.

Extra caution may be appropriate for travelers who:

are no longer maintaining valid nonimmigrant status;
have overstayed their authorized period of admission;
lost their underlying immigration status;
were terminated from employment connected to their nonimmigrant status;
have a pending adjustment of status (green card), extension, or change-of-status application with USCIS but no longer maintain their underlying status;
have prior immigration violations or removal proceedings; or
have certain arrests, convictions, or other negative interactions with law enforcement.

The existence of a pending USCIS application should not be interpreted as protection against the reach of immigration-enforcement.

Bottom Line: It is not recommended that individuals with potential immigration-status issues undertake unnecessary domestic or international air travel without first evaluating their specific circumstances.

What Documents Should You Carry When Traveling Domestically?

If after assessing the risks you decide to travel, it may be helpful to carry appropriate identification and documentation reflecting your current immigration situation.

Depending on your circumstances, this may include:

your passport;
a valid Form I-94 showing current status;
USCIS receipt notices;
an Employment Authorization Document (EAD) if applicable;
an Advance Parole document if applicable; or
your Permanent Resident Card (green card), if applicable.

Which documents are appropriate will depend on your individual immigration status and case.

Before You Travel, Review Your Immigration History

The most important takeaway from these developments is that travel decisions should be made based on your complete immigration history—not simply on whether you have a travel document or pending application.

Before international travel, particularly with Advance Parole, it may be necessary to determine:

how and when you entered the United States;
whether you ever overstayed;
whether you accumulated unlawful presence;
whether there were gaps in your immigration status;
whether you have previously been placed in removal proceedings;
whether any prior immigration orders exist; and
how departure could affect your pending application.

Matter of Delcarmen-Lara represents a significant change in how Advance Parole travel can be treated under the unlawful-presence provisions of the Immigration and Nationality Act. The BIA rejected the previous rule that travel with Advance Parole did not count as a departure for purposes of the unlawful-presence bars.

For some travelers, the decision may have little or no effect. For others, leaving the United States could potentially create a serious immigration problem.

Speak With an Immigration Attorney Before Making Travel Plans

If you are a current or prospective client and have questions about domestic or international travel, consider having your immigration history reviewed before purchasing tickets or leaving the United States.

Every case is different. A travel decision that may be relatively straightforward for one individual could carry significant consequences for another.

Looking Ahead

Because the Board of Immigration Appeals is part of the Department of Justice, its decisions can be reviewed by the federal Courts of Appeals, and legal challenges to this interpretation may follow. Unless and until a federal appellate court or the U.S. Supreme Court overturns or limits the decision, however, Matter of Delcarmen-Lara is binding nationwide.

The decision also resolves a longstanding disagreement over how Matter of Arrabally and Yerrabelly should be applied. USCIS and the Department of State had previously taken different approaches in certain cases, particularly at the consular level. Delcarmen-Lara now adopts the stricter interpretation, making clear that travel on Advance Parole can constitute a departure for purposes of the unlawful-presence bars.

This is a rapidly developing area of immigration law, and further litigation or agency guidance may change how the decision is applied..

This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific, and individuals should consult a qualified immigration attorney regarding their particular circumstances before traveling.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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