On August 13, 2026, the Board of Immigration Appeals (BIA) issued a new decision, Matter of DelCarmen-Lara, which changes how advance parole travel may affect certain individuals with prior unlawful presence in the United States.
Under this decision, travel outside the United States using advance parole may trigger immigration inadmissibility bars for some individuals who accrued unlawful presence before departing. As a result, advance parole travel may no longer be a safe option for every applicant.
Before traveling on advance parole, our office will conduct an individualized review of your immigration history, including any periods of unlawful presence, prior immigration filings, and any removal or deportation issues, to determine whether travel could create additional immigration risks.
Because every case is different, we strongly encourage clients not to make travel plans or depart the United States on advance parole until they have consulted with an experienced immigration attorney and received case-specific legal advice.
If you have questions about how this decision may affect your case, please contact our office to schedule a review.