Precedent Rule Treating Advance Parole Travel as Statutory Departure Triggering Unlawful Presence Inadmissibility (Matter of Delcarmen-Lara)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateAugust 13, 2026

CategoryInadmissibility / legal status / travel authorization

Policy toolLegal interpretation / binding precedent

Affected groupNoncitizens with accrued unlawful presence departing on advance parole

Policy effect

The Board of Immigration Appeals overruled Matter of Arrabally and Yerrabelly, holding that departing the United States pursuant to an Advance Parole Document constitutes a statutory departure for purposes of the 3- and 10-year unlawful presence inadmissibility bars under INA § 212(a)(9)(B)(i). Phase scope: Applies nationwide to all departures under advance parole occurring on or after August 13, 2026

Conditions and exceptions

Validated condition or limit: Phase scope: Applies nationwide to all departures under advance parole occurring on or after August 13, 2026

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

.S. Immigration Law in the Commonwealth of the Northern Mariana Islands (CNMI) Terrorism-Related Inadmissibility Grounds (TRIG) Breadcrumb Home Laws and Policy Other Resources Unlawful Presence and Inadmissibility Unlawful Presence and Inadmissibility Alert Type info ALERT: On Aug. 13, 2026, the Board of Immigration Appeals (BIA) issued a precedent decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), that overruled Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). This decision has an immediate impact for certain aliens with valid Advance Parole Documents (Form I-512L) … who are considering departing from the United States. As of Aug. 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). Under section 212(a)(9)(B)(i) of the INA, aliens who accrue more than 180 days of unlawful presence in the United States, depart the United States, and then again seek admission within the relevant 3- or 10-year statutory period, are inadmissible. Aliens considering a departure with an Advance Parole Document should be aware that they may be inadmissible under section 212(a)(9)(B)(i) of the INA upon their return to the United States if they have accrued more than 180 days of unlawful presence. Unlawful presence is any period of time when you are present in the United States without being admitted or paroled, or when you are present in the United States after your “period of stay authorized by the Secretary” expires. Unless an exception applies, you will be found inadmissible based on your accrual of unlawful presence if you: Seek admission again within 3 years of leaving the United States before removal proceedings begin …

USCIS / Executive Office for Immigration ReviewMatter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026); USCIS Web Alert (Aug. 14, 2026)Open official source

Retrieved from https://uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-ff47e56367718d59bc48. Something wrong? Flag this record.

Precedent Rule Treating Advance Parole Travel as Statutory Departure Triggering Unlawful Presence Inadmissibility (Matter of Delcarmen-Lara)

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2026