Does leaving the U.S. on advance parole trigger the unlawful presence bars?

Since a BIA decision issued August 13, 2026, a departure on advance parole is treated as a departure for purposes of the unlawful presence bars — overturning the standard that had applied for over a decade. More than 180 days but under a year of prior unlawful presence corresponds to a 3-year bar, and a year or more to a 10-year bar, triggered at the moment of departure. Anyone with unlawful presence in their history should get a risk assessment before traveling; postponing travel is the conservative course while challenges to the decision are pending.