Jia Law Group
Attorney Verified · Sep 13, 2026

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.

Attorney Verified · Sep 13, 2026