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On August 13, 2026, the Board of Immigration Appeals dropped a ruling that changes everything for hundreds of thousands of immigrants. In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA overturned its own 2012 decision in Matter of Arrabally and Yerrabelly — ruling that traveling on advance parole now counts as a formal legal “departure.” That means it can trigger the 3-year or 10-year unlawful presence bars under INA § 212(a)(9)(B). If you’re a DACA recipient, TPS holder, or you have a pending adjustment-of-status application and you’ve ever traveled — or you’re thinking about traveling — on advance parole, this ruling could derail your path to a green card. Our message is simple: stop all advance parole travel immediately and talk to an immigration attorney before you do anything else. Our team at Tez Law P.C. is already working with clients across the country to assess their exposure under this decision.
Background: What Arrabally Said — and Why Delcarmen-Lara Changes Everything
For 14 years, Matter of Arrabally and Yerrabelly was a lifeline. That 2012 BIA decision said that leaving the U.S. on advance parole did not count as a “departure” for purposes of triggering the unlawful presence bars. The real-world impact of that ruling was massive. DACA recipients, TPS holders, and others who had accumulated unlawful presence could travel internationally for humanitarian, educational, or employment reasons — and come back home without facing the 3-year bar (for 180 days to one year of unlawful presence) or the 10-year bar (for one year or more) under INA § 212(a)(9)(B). That protection let people live something closer to a normal life.
Matter of Delcarmen-Lara tears that down entirely. The BIA said its 2012 reasoning was wrong. Under the plain language of the Immigration and Nationality Act, the BIA now holds that when a noncitizen physically leaves the United States — even on an advance parole document — that departure is legally real and can activate the unlawful presence bars upon return. And here’s what makes this especially serious: the ruling applies retroactively as binding precedent. That means past advance parole travel could be scrutinized in future immigration proceedings too. This isn’t just about what happens next. It may affect decisions you already made.
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This is not a minor regulatory tweak. This is a seismic shift affecting an estimated 500,000 or more individuals currently relying on advance parole as part of their immigration strategy — many of whom may now face previously unforeseen bars to admissibility. For more information about how our firm can assist you, visit our immigration services page.
How This Affects DACA Recipients, TPS Holders, and Adjustment Applicants
The populations most immediately at risk fall into three primary groups:
DACA Recipients
Approximately 530,000 active DACA recipients have been permitted to travel on advance parole for humanitarian, educational, or employment purposes. Many did so fully relying on Arrabally‘s protection. Under Delcarmen-Lara, those who accumulated unlawful presence before receiving DACA — and who subsequently traveled abroad on advance parole — may now be deemed to have triggered their inadmissibility bars upon reentry. This could affect eligibility for future adjustment of status, consular processing, or other forms of relief.
TPS Holders
The situation for TPS holders is particularly complex. Many TPS beneficiaries from El Salvador, Haiti, Honduras, and other designated countries have accumulated significant periods of unlawful presence prior to receiving TPS designation. Those who traveled internationally on advance parole during their TPS period may now face re-examination of those departures under the new standard. Critically, individuals who are currently outside the United States on advance parole should seek emergency legal counsel before attempting to reenter.
Pending Adjustment-of-Status Applicants
Individuals with pending I-485 applications who have traveled on advance parole may face new questions about admissibility when their cases are adjudicated. USCIS is expected to issue guidance on how it will apply Delcarmen-Lara to pending cases, but until that guidance is published, applicants are in a legal gray zone. Do not travel on advance parole while your I-485 is pending without speaking to an immigration attorney first.
It is also worth noting that this ruling may be subject to federal court challenges. Several immigration advocacy organizations have already signaled intentions to seek injunctive relief. However, until and unless a federal court issues a stay of the BIA’s decision, Delcarmen-Lara is the controlling authority nationwide.
What You Should Do Right Now: Immediate Action Steps
The window for protecting yourself is narrow. Here are the concrete steps you should take immediately:
- Do not travel outside the United States on advance parole. Until this legal landscape is clarified, international travel on advance parole carries substantial risk of triggering inadmissibility bars that could bar you from returning or from obtaining a green card.
- If you are currently outside the U.S. on advance parole, contact an immigration attorney before you attempt to reenter. Reentry under the new ruling may itself trigger the bars. You need a strategy before you approach a port of entry.
- Document your entire travel history. Gather all records of any international travel you have made on advance parole, including your I-131 approvals, passport stamps, and I-94 records. Your attorney will need this information to assess your exposure.
- Calculate your unlawful presence. Work with an attorney to determine whether you accumulated 180 days or more of unlawful presence before your current status — and whether any prior advance parole travel could now be characterized as a departure that triggered a bar.
- Do not withdraw or abandon a pending I-485 without legal advice. Some applicants may be tempted to refile or restructure their cases, but hasty decisions can cause irreparable harm.
- Schedule an emergency consultation immediately. This is a rapidly evolving situation. The sooner you have legal counsel reviewing your specific facts, the more options you will have available.
Contact Tez Law P.C. today for a free consultation to review your advance parole travel history and assess your risk under the new ruling.
Why Choose Tez Law P.C. for Your Immigration Case
At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) leads a team that monitors immigration law developments in real time — so our clients are never caught off guard by rulings like Matter of Delcarmen-Lara. We represent clients in immigration cases across the entire United States, from DACA and TPS matters to complex adjustment-of-status and consular processing cases.
We understand that for many of our clients, immigration status is not just a legal issue — it is the foundation of their entire life in this country, their family, their livelihood, and their future. We approach every case with that weight in mind. Our firm provides personalized, strategic counsel — not cookie-cutter advice — and we communicate clearly so you always understand where you stand and what your options are.
Whether you need an emergency assessment of your advance parole travel history, help responding to a USCIS request for evidence, or guidance on alternative paths to lawful status, our immigration services team is ready to help. We also serve clients who have been injured through no fault of their own; our personal injury attorney practice is available to those who need it.
Frequently Asked Questions
I already traveled on advance parole before August 13, 2026. Am I automatically barred from getting a green card?
Not necessarily, but your situation requires careful legal analysis. Whether prior advance parole travel triggers a bar depends on several factors: how much unlawful presence you accumulated before your current status, the specific dates and duration of your travel, and how USCIS and immigration courts apply Delcarmen-Lara retroactively. Some individuals may have viable arguments that their travel preceded the ruling and should not be penalized under the new standard, particularly if federal courts intervene. However, you should not assume you are safe without a thorough review of your immigration history by a qualified attorney. Contact Tez Law P.C. for a free consultation as soon as possible.
Does this ruling affect people whose I-485 was already approved — meaning those who already have a green card?
If your adjustment of status was already approved and you received your lawful permanent resident card before the ruling, your status itself is not retroactively revoked by Delcarmen-Lara. However, if you are a conditional permanent resident with a pending I-751 petition, or if removal proceedings are initiated against you in the future, prior advance parole travel could potentially be raised as an issue. This is an evolving area of law, and you should consult an attorney if you have concerns about how this ruling might intersect with your specific case history.
Will Congress or USCIS reverse this ruling? Should I wait and see before taking action?
Waiting is one of the most dangerous strategies available to you right now. While advocacy organizations are actively pursuing federal court challenges and some members of Congress have called for legislative fixes, none of those remedies are guaranteed or imminent. As of August 18, 2026, Matter of Delcarmen-Lara is binding BIA precedent that USCIS and immigration courts are required to follow. Every day you delay is a day you are not building a legal strategy to protect yourself. Even if a court eventually stays or overturns this ruling, having an attorney who has already reviewed your case means you will be positioned to act immediately when the legal landscape shifts again.
Take Action Today — Do Not Wait
Matter of Delcarmen-Lara is one of the most consequential BIA decisions in a generation, and its full impact is still unfolding. At Tez Law P.C., we are actively tracking every development — from expected USCIS implementation guidance to federal court challenges — and advising clients accordingly. If you or someone you love is a DACA recipient, TPS holder, or has a pending green card application and has ever used advance parole to travel abroad, you need expert legal guidance now. Do not make any immigration decisions without speaking to an attorney first. Schedule your free consultation with Tez Law P.C. today and let us help you understand your rights, your risks, and your options under this new legal reality.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.