Austin Immigration Lawyer Clarifies New BIA Decision On Advance Parole
The ruling could expose some Advance Parole travelers to 3- or 10-year reentry bars, immigration advocates said.
- On August 13, 2026, the Board of Immigration Appeals issued a precedent decision in Matter of Delcarmen-Lara, ruling that travel on Advance Parole counts as a "departure" triggering three- or ten-year unlawful-presence bars.
- The decision overruled Matter of Arrabally and Yerrabelly, which previously held that temporary travel on Advance Parole did not constitute a "departure" under immigration law.
- Anyone living in the United States for 180 days or more without lawful status acquires "unlawful presence," which prevents re-entry for three or ten years, affecting those with DACA, TPS, or pending green card applications using Advance Parole.
- Immigration attorney Kate Lincoln-Goldfinch stated that "Advance parole can involve serious immigration consequences depending on a person's history," urging travelers to understand how the new decision applies before leaving the United States.
- Individuals with pending applications should consult with a DOJ representative to assess individual risk levels before traveling; those seeking assistance can contact Lincoln-Goldfinch Law at 502-0555.
101 Articles
101 Articles
The Herald-Dispatch
Austin Immigration Lawyer Clarifies New BIA Decision On Advance Parole
Traveling Abroad: What the New Advance Parole Ruling Means
If you have Deferred Action for Childhood Arrivals (DACA), temporary protected status (TPS), or a pending green card application, you might be eligible to travel abroad if you apply for a permit called Advance Parole (AP). However, on August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision called Matter of Milagro DELCARMEN-LARA. This decision overruled a previous case and may impact many immigrants’ ability to travel abroad o…
They change the Uscis rules for those traveling with Advance Parole: since today, thousands of migrants who were in an irregular situation for more than a year could risk their status as they leave the U.S. Know what the ruling establishes, what the punishments of inadmissibility are, and who the measure affects.
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