If you have a pending I-485 adjustment of status (AOS) application, you may have also received an approved Advance Parole Document (I-131).
But what if you previously stayed in the United States without valid status? In that case, can you still travel outside the US and come back with Advance Parole?
Until recently, many AOS applicants in this situation relied on an old immigration case that treated travel with Advance Parole differently from a regular departure from USA.
However, that rule has now changed.
On 08/13/2026, the Board of Immigration Appeals (BIA) issued a new decision saying that leaving the United States with Advance Parole can still count as a “departure” for purposes of the 10-year unlawful presence bar.
This does not mean that everyone with Advance Parole should cancel a trip. But it does mean that having an approved Advance Parole Document, by itself, will not tell you whether your return to the US would be guaranteed.
What changed with advance parole and unlawful presence?
The old advance parole rule: Matter of Arrabally and Yerrabelly
For many years, the important case was Matter of Arrabally and Yerrabelly, a 2012 BIA case involving people who had accumulated unlawful presence but later temporarily left the United States with Advance Parole.
The BIA decided that this type of temporary trip was not a “departure” for the 10-year unlawful presence bar because the applicants had left under Advance Parole with the expectation that they would be allowed to return and continue their immigration cases.
How the 3-year and 10-year unlawful presence bars work
That rule was important because unlawful presence can create a serious problem when a person leaves the US.
Generally, someone who has more than 180 days but less than one year of unlawful presence may face a 3 year bar after departure. Someone, who has one year or more of unlawful presence, may face a 10 year bar after departure.
The new rule: Matter of Delcarmen-Lara
The new case is Matter of Delcarmen-Lara, decided by the BIA on August 13, 2026.
In this case, the BIA went back to the wording of the immigration law and concluded that a person who leaves the United States with Advance Parole has still made a “departure.” The BIA therefore simply overruled Matter of Arrabally and Yerrabelly.
Which advance parole trips does the new rule cover?
One important point: Matter of Delcarmen-Lara specifically dealt with the 10-year bar that applies after one year or more of unlawful presence. The BIA also said that its new rule will be applied prospectively.
In fact, it did not apply the new rule to the respondent’s own 2024 Advance Parole trip because she had traveled when the old rule was still in place.
What does this mean if you already have advance parole?
Advance Parole is a travel document, not a waiver
First, an approved Advance Parole Document does not mean USCIS has decided that you have no other immigration problems.
That document is just a travel document.
It is not a waiver of unlawful presence.
And it does not guarantee that leaving the United States will have no effect on your pending adjustment of status case.
An example: unlawful presence after a lawful entry
For example, suppose you entered the U.S. legally, later unfortunately fell out of status, and eventually accumulated more than one year of unlawful presence. After that, you filed an AOS application and USCIS approved your Advance Parole Document.
A few months ago, you might have believed that using Advance Parole would not trigger the 10-year unlawful presence bar.
That is no longer a safe assumption for a future trip.
Why the amount of unlawful presence matters
This is why the amount of unlawful presence matters.
If there is any possibility that you accumulated a significant period of unlawful presence, particularly one year or more, it is a good idea to have your immigration history reviewed by the immigration attorneys before going out from the United States, rather than just relying on the approved Advance Parole.
Before you travel on Advance Parole, review your immigration history
Having Advance Parole does not automatically mean that you will be 100% re-admitted to the United States after an international travel.
For years, many AOS applicants relied on Matter of Arrabally and Yerrabelly when traveling after accumulating unlawful presence. The BIA has now changed that rule through Matter of Delcarmen-Lara, and an Advance Parole trip can qualify as a departure for the 10-year unlawful presence bar.
So, if you have a pending green card application and an approved Advance Parole Document, do not look only at the expiration date printed on the travel document. Please look at your immigration history too.
If you may have accumulated one year or more of unlawful presence, it is especially important to understand the possible consequences before you leave.
Before you leave the United States
If you have a pending adjustment of status application and any history of unlawful presence, the attorneys at Scott Legal, P.C. can review your immigration record and help you assess the risks of traveling on Advance Parole. Contact our office to schedule a consultation before you book your trip.
