BIA Overrules Matter of Arrabally: Advance Parole Travel May Now Trigger the 10-Year Unlawful-Presence Bar

August 13, 2026

On August 13, 2026, the Board of Immigration Appeals issued a precedential decision in Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026), expressly overruling Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).

For more than a decade, Arrabally provided an important protection for certain noncitizens traveling with advance parole. The BIA had held that a temporary trip outside the United States pursuant to advance parole was not a “departure” for purposes of the unlawful-presence bars in INA § 212(a)(9)(B).

In DelCarmen-Lara, the BIA reversed course. The Board held that departure from the United States pursuant to advance parole is a “departure” within the meaning of INA § 212(a)(9)(B)(i)(II). The BIA reasoned that the statutory language contains no exception for travel authorized by advance parole and concluded that Arrabally had improperly created one. INA § 212(a)(9)(B)(i)(II) generally makes a noncitizen who has accrued one year or more of unlawful presence inadmissible for 10 years after departing or being removed from the United States. Under the new BIA precedent, a person with sufficient prior unlawful presence who travels abroad on advance parole may trigger this 10-year unlawful-presence bar, even though the departure was authorized in advance. The Board expressly states that a noncitizen may become inadmissible under § 212(a)(9)(B) “by virtue of a trip abroad undertaken pursuant to a grant of advance parole.” Importantly, the BIA determined that its new interpretation should apply prospectively rather than retroactively. The Board recognized that Arrabally was longstanding precedent on which noncitizens had relied and that the new decision represents a significant change affecting both inadmissibility and eligibility for adjustment of status. Accordingly, individuals considering future international travel on advance parole should obtain individualized legal advice before departing the United States, particularly if they have previously accrued unlawful presence. Decision: Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026), decided August 13, 2026.

This article is provided for general informational purposes and does not constitute legal advice.