Spice Islander
1h
Be mindful of leaving the US on Advance Parole
In Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026), the Board of Immigration Appeals (BIA) ruled that leaving the U.S. on advance parole does count as a "departure" under the 10-year unlawful presence bar (INA § 212(a)(9)(B)(i)(II)). This landmark decision explicitly overrules the long-standing precedent from Matter of Arrabally and Yerrabelly (2012).
In Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026), the Board of Immigration Appeals (BIA) ruled that leaving the U.S. on advance parole does count as a "departure" under the 10-year unlawful presence bar (INA § 212(a)(9)(B)(i)(II)). This landmark decision explicitly overrules the long-standing precedent from Matter of Arrabally and Yerrabelly (2012).
Core Impact of the Ruling
Overruled Precedent: The BIA threw out Matter of Arrabally and Yerrabelly, which previously protected individuals with advance parole from triggering the 10-year bar upon return.
New Interpretation: Traveling abroad with advance parole now constitutes a departure that can trigger unlawful presence inadmissibility bars if the person accrued sufficient unlawful presence prior to leaving.
Decided Date: August 13, 2026.
In simple terms:
Before this ruling:
If someone had enough unlawful presence to face the 10-year ban, leaving the U.S. with advance parole generally did **not** trigger that ban under *Arrabally and Yerrabelly*.
* **Now:** The BIA says that leaving the U.S. on **advance parole counts as a departure**.
If the person had already accumulated enough unlawful presence before leaving, that departure **can trigger the 10-year bar** when they try to return.
The BIA overturned the previous 2012 rule** that protected these travelers.
* The decision was issued **August 13, 2026**.
**Bottom line:** If you have accrued significant unlawful presence, **do not assume that advance parole makes international travel safe from the 10-year ban under this new ruling.**
This is a significant immigration-law change, and whether it affects a particular person depends on their immigration history and dates.
#immigration
#update
#everyone
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