US Immigration Ruling Could Bar Some Immigrants from Returning After Travel

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a ruling that changes the treatment of departures from the US under Advance Parole, impacting many immigrants' ability to return.

The US Citizenship and Immigration Services (USCIS) confirmed that immigrants who have accumulated more than 180 days of unlawful presence in the US and then leave using Advance Parole may now face a multi-year ban on re-entry. This reverses a 2012 precedent that had previously provided protections for such travelers.

Details of the New Ruling

• The case, Matter of Delcarmen-Lara, reclassifies departure under Advance Parole as a formal exit under section 212(a)(9)(B)(i) of the Immigration and Nationality Act.
• Previously, traveling with Advance Parole did not trigger bars related to unlawful presence.
• Now, immigrants with 181 days to less than one year of unlawful presence face a three-year re-entry bar.
• Those with more than one year of unlawful presence risk a ten-year ban upon attempting to return.

Who Is Affected?

This ruling primarily impacts immigrants holding Advance Parole documents, particularly those with pending adjustment of status applications and who have overstayed their authorized period in the US.

Unlawful presence includes any time spent without proper admission or after authorized status has expired.

USCIS has advised individuals to seek legal counsel before traveling internationally to understand potential consequences.

Immigrants are urged to carefully evaluate their status before departure to avoid unintended inadmissibility upon return.