While non-citizens in the USA are going to face a strict Public Charge Rule effective 18 September 2026, a new immigration ruling makes it riskier for Advance Parole holders to travel out of the USA. On 13 August 2026, the Board of Immigration Appeals (BIA) redefined outbound travel even on valid Advance Parole as “departure” from the US for certain Green Card applicants, and ruled that it may trigger a 3-year or 10-year ban on re-entry to the US for them.
What is Matter of Delcarmen-Lara, BIA 2026?
The Matter of Delcarmen-Lara, 29 I&N Dec. 830 case propelled the 13 August 2026 ruling by BIA, an administrative appellate body within the US Department of Justice (DOJ). It overrules the long-standing 2012 BIA case (Matter of Arrabally and Yerrabelly) that had stated – Advance Parole users could return to the US without any re-entry bar, after an international trip which was not considered as a departure or exit from the US.
The Board of Immigration Appeals now legally treats an Advance Parole trip outside the US like a physical exit from the country with a 3-year or 10-year bar to re-admission, thereby affecting ‘Green Card’ eligibility for certain non-citizens, according to Murthy Law Firm.
The latest BIA ruling 2026 also stated that the change to ‘Advance Parole’ travel would apply ‘prospectively’. Since non-citizen immigrants have followed the previous BIA rule 2012 for the past 14 years, the new decision would apply to Advance Parole trips only after 13 August 2026. Those Green Card applicants who are likely to be impacted by the new immigration rule must seek case-specific legal advice before taking international flights from the US.
Who the BIA 2026 decision impacts
The 13 August 2026 ruling affects non-US citizens with a history of unlawful presence in high-risk categories, including DACA recipients (Dreamers), Temporary Protected Status (TPS) holders, individuals with a pending green card application (I-485), and individuals with a pending asylum application (I-589). The Matter of Delcarmen-Lara impact is a potential 3-year or 10-year re-entry ban for them traveling on Advance Parole.
3-year Bar: If a non-immigrant from the above-mentioned categories accumulates unlawful presence for more than 180 days but less than one year before traveling on Advance Parole.
10-year Bar: If a non-immigrant from the above-mentioned categories accumulates 365 days or more of unlawful presence before traveling outside the US on Advance Parole.
Exceptions to 2026 BIA ruling on Advance Parole travel
Not all Advance Parole holders are subject to the decision, though it is a significant setback to international travel and Green Card prospects for some non-immigrants.
No unlawful presence in USA: Those who have consistently maintained non-immigrant status or never outstayed a US visa are safe from the consequences of traveling on Advance Parole.
Clean DACA history: If Dreamers (who were granted deferred action under 18 years) have renewed their DACA status without any status gap and have not accrued unlawful presence in the USA, they are considered exceptions to re-entry bars for traveling on Advance Parole.
