August 14, 2026

BIA Overrules Matter of Arrabally: What the New Advance Parole Ruling Means for Your Immigration Case

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a major precedent decision in Matter of Delcarmen-Lara (29 I&N Dec. 830). The ruling officially overrules Matter of Arrabally and Yerrabelly, making fundamental shifts in how travel on Advance Parole impacts continuous unlawful presence and overall admissibility.

If you or a family member are considering traveling outside the United States using Advance Parole, here is what this decision means and how it may affect your path to legal status.

Key Takeaways at a Glance

The Core Ruling: Traveling outside the U.S. under a grant of Advance Parole is now legally classified as a “departure” under INA § 212(a)(9)(B)(i)(II).

The Big Impact: If an individual has accumulated one year or more of unlawful presence, leaving the U.S. on Advance Parole will now trigger the 10-year bar to admissibility.

The Retroactivity Exception: Crucially, the BIA determined that this decision applies prospectively. Individuals who relied on the previous Arraballyrule for past travel should not face retroactive penalties under this specific ruling.

What Was Matter of Arrabally?

For over a decade, Matter of Arrabally and Yerrabelly (25 I&N Dec. 771, BIA 2012) served as a vital shield for immigrants. Under that decision, temporary travel abroad under Advance Parole was not treated as a statutory “departure” for the purpose of triggering unlawful presence bars.

This allowed many individuals—including DACA recipients, TPS beneficiaries, and pending adjustment-of-status applicants—to briefly leave the U.S. and return without accidentally triggering a 3-year or 10-year bar to re-entry.

What Changed in Matter of Delcarmen-Lara?

In Matter of Delcarmen-Lara, the BIA re-evaluated the statutory language of Section 212(a)(9)(B) of the Immigration and Nationality Act. The Board concluded that because Congress did not explicitly write an exemption for Advance Parole into the statute, “departure” simply carries its plain meaning: “to go away or leave.”

Here is how the legal shift directly impacts travel consequences:

[ Unlawful Presence (1+ Years) ]
                │
                ▼
   [ Travel on Advance Parole ]
                │
     ┌──────────┴──────────┐
     ▼                     ▼
Old Rule              New Rule
(Arrabally)           (Delcarmen-Lara)
─────                 ─────
Not a "departure"    Statutory "departure"
NO 10-year bar       TRIGGERS 10-year bar

Prospective Application: Will Past Travel Hurt You?

If you previously traveled on Advance Parole, the Board’s retroactivity analysis offers crucial protection. Applying the multi-factor test for administrative retroactivity (Matter of Cordero-Garcia), the BIA concluded that:

The new rule represents an abrupt shift from established practice.
Immigrants heavily relied on the previous Arrabally precedent.
Applying the rule retroactively would create an undue burden.

As a result, the BIA is applying this new rule prospectively.

How This Ruling Impacts Immigrants

Case Type / Situation	Impact of Delcarmen-Lara
DACA / TPS Holders	Traveling on Advance Parole after accruing unlawful presence may now trigger a 3-year or 10-year bar upon departure.
Adjustment Applicants	You must carefully evaluate prior unlawful presence before departing on an approved Form I-131 travel document.
Provisional Waivers (I-601A)	Applicants facing unlawful presence bars may need to secure a waiver before departing, rather than relying on Advance Parole.

FAQ: Quick Answers on Advance Parole & Delcarmen-Lara

Does Advance Parole still exist?

Yes. The decision does not eliminate Advance Parole itself; rather, it changes the legal consequences of departing the U.S. if you have accrued unlawful presence.

I traveled on Advance Parole in the past. Am I immediately subject to a 10-year bar?

No. Because the BIA explicitly limited the decision to prospective application, past reliance on Matter of Arrabally remains protected.

Can I still adjust status if I have a final order of removal?

In Delcarmen-Lara, the BIA also reiterated strict standard limits on motions to reopen, finding that acquiring new eligibility years after a final order generally does not excuse untimely or number-barred motions.

How Cohen, Tucker + Ades Can Help

Immigration law is shifting rapidly, and a single trip outside the country can have severe, unintended consequences for your legal status. At Cohen, Tucker + Ades, our experienced immigration attorneys analyze every detail of your immigration history—including accrued unlawful presence, prior orders, and travel history—to safeguard your path to permanent residence.

If you are planning to travel or need assistance navigating an adjustment of status, contact Cohen, Tucker + Ades today to schedule a consultation.

About the Author

Wendy R. Barlow, Esq. is a Partner at Cohen, Tucker + Ades, P.C. with nearly 20 years of experience in high-stakes immigration litigation. A graduate of the Maurice A. Deane School of Law at Hofstra University, Wendy is admitted to practice in New York and New Jersey as well as before the U.S. Supreme Court and multiple Federal Circuit Courts. Wendy is recognized for her ability to handle cases that many consider insurmountable.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

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