On August 13, 2026, the Board of Immigration Appeals (BIA) issued a landmark decision in Matter of DELCARMEN-LARA, 29 I&N Dec. 830 (BIA 2026). This ruling fundamentally changes how immigration authorities view travel under Advance Parole and impacts noncitizens seeking to adjust their status within the United States.
What Did the BIA Decide in Matter of DELCARMEN-LARA?
In this case, a DACA recipient moved to reopen her removal proceedings to pursue an adjustment of status after traveling abroad and re-entering the country under a grant of Advance Parole.
The BIA ruled that departing the United States after receiving Advance Parole constitutes a "departure" under Immigration and Nationality Act (INA) § 212(a)(9)(B)(i)(II). As a result, this travel can now trigger the 10-year unlawful presence bar.
Overruling Previous Precedent
This decision officially overrules Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which previously held that temporary travel on Advance Parole did not count as a "departure" for unlawful presence bar purposes. The BIA clarified that the statutory definition of "departure" contains no exception for individuals traveling with Advance Parole.
Key Takeaways: How This Affects Your Adjustment of Status
The BIA stated that this ruling applies prospectively, though it remains unclear whether it applies to departures or returns occurring on or after August 13, 2026.
Here is how the decision impacts noncitizens who have traveled on Advance Parole:
Inspecion Requirement: Re-entering the U.S. using Advance Parole still satisfies the "inspected and admitted or paroled" requirement for adjustment of status under INA § 245(a).
The Good News: Noncitizens who traveled while in removal proceedings generally no longer need to file a motion to reopen with the Immigration Court; they can apply directly with USCIS.
The Bad News: Because the trip is now considered a departure, it may trigger unlawful presence bars, requiring applicants to file one or two immigration waivers alongside their adjustment of status application.
Consult With an Experienced Immigration Attorney
If you have traveled outside the United States after receiving Advance Parole, it is critical to evaluate how this new precedent affects your legal strategy before submitting any application to USCIS.
Contact our legal team today at (972) 418-0003 to schedule a consultation and protect your path to permanent residency.