For fourteen years, advance parole has worked one way. On August 13, 2026, that changed.

The Board of Immigration Appeals issued a decision called Matter of Delcarmen-Lara that changes how leaving the country on advance parole is treated. For some people, that change is significant. For others, it may not affect them at all.

The good news is that this is knowable. If you understand where you fall, you can plan around it.

First, What Is Advance Parole?

Advance parole is a travel document that lets certain people leave the United States and return while their immigration case is still pending.

You may be eligible if you have:

  • A pending green card application (Form I-485)
  • A pending asylum application
  • A pending T or U visa application
  • DACA, with a qualifying humanitarian, educational, or employment reason
  • TPS

You apply using Form I-131, and the current filing fee is $630.

What Changed on August 13

Here is the scoop

Before this decision: Leaving the U.S. on advance parole was not treated as a “departure” under immigration law. That meant travel did not trigger the unlawful presence bars, even for people who had accrued unlawful presence before their case was filed.

After this decision: Leaving on advance parole now counts as a departure. If you accrued unlawful presence before receiving your current status or filing your application, that departure can trigger a bar on returning.

An approved advance parole document does not protect you from this. USCIS approving your I-131 is not the same as the government waiving a bar.

Who Is Actually Affected

This is the most important section, because the ruling does not apply to everyone.

You may be affected if both of these are true:

  1. You accrued 180 days or more of unlawful presence in the United States at some point, and
  2. You are planning to travel abroad using advance parole

Unlawful presence generally means time spent in the U.S. without lawful status. That includes entering without inspection, or staying past the expiration of an authorized period of stay.

The Two Bars
  • 180 days to one year of unlawful presence, followed by a departure, generally triggers a 3 year bar
  • One year or more of unlawful presence, followed by a departure, generally triggers a 10 year bar
Who Is Likely Not Affected

If you have always maintained lawful status in the United States, and you have never accrued 180 or more days of unlawful presence, this ruling does not change your situation. Many employment-based and family-based adjustment applicants fall into this category.

Does This Apply to Travel I Already Took?

No. The decision applies going forward only.

If you traveled on advance parole before August 13, 2026, this ruling does not reach back and change the treatment of that trip.

What to Do Before You Book a Trip

Do not cancel plans out of panic, and do not travel without checking first. Both extremes cause problems.

Here is a practical order of operations:

  1. Pause any upcoming travel that would use advance parole until you have answers.
  2. Figure out your unlawful presence history. This is often less obvious than people assume, especially where periods of authorized stay, tolling, or age at entry come into play.
  3. Talk to an immigration attorney before you buy a ticket. Not after.
  4. Ask whether a waiver applies. A provisional unlawful presence waiver may be available in some cases, and it is far better to explore that before departure than after.

Why This Matters More Than It Might Seem

The practical concern is not just the trip. It is that a triggered bar can affect your pending case.

Someone who leaves and returns without realizing a bar was triggered may find that their green card application is denied later on grounds of inadmissibility. The travel and the consequence can be months apart.

That is exactly analyzing your situation should be number one.

The Bigger Picture

Immigration rules have been shifting quickly, and it is reasonable to feel worn down by it. But this particular change is narrow and specific. It applies to a defined group of people in a defined situation.

Knowing whether you are in that group is the whole game. Most people can get that answer in a single conversation.

We Are Here to Help

At Garvish Immigration Law Group, we work with clients navigating pending adjustment of status cases every day. If you hold advance parole or are thinking about applying for it, we can help you understand your specific risk before you make travel plans.

Reach out to us before you book.