Does leaving the U.S. on advance parole trigger the unlawful presence bars?
It can. Since the BIA’s August 13, 2026 decision in Matter of Delcarmen-Lara, travel on advance parole is treated as a departure for purposes of the unlawful presence bars, overturning the rule that had applied for more than a decade. If you previously accrued more than 180 days but less than one year of unlawful presence, departure may trigger the 3-year bar; one year or more may trigger the 10-year bar. The new rule applies prospectively. Anyone with a history of unlawful presence should have the risks evaluated before traveling on advance parole.
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No. The BIA expressly made its August 13, 2026 decision prospective, so advance parole trips taken before that date are generally not affected by the new rule. Future travel should still be reassessed, particularly for DACA and TPS holders who may have accrued significant unlawful presence before receiving DACA or TPS.
Not necessarily. An approved I-601A provisionally waives certain unlawful-presence inadmissibility, but it is designed for applicants who will depart the United States to complete immigrant visa processing at a U.S. consulate. It does not make travel on advance parole generally risk-free or waive other possible grounds of inadmissibility. If you have accrued unlawful presence and are considering travel on advance parole, the effect of any approved or pending I-601A should be evaluated before you leave the United States.