New Ruling Changes Advance Parole Travel Considerations

A recent decision by the Board of Immigration Appeals may have significant consequences for individuals with a history of unlawful presence who are considering travel outside the United States using advance parole. On August 13, the Board issued its decision in Matter of Delcarmen-Lara, overturning prior precedent that generally did not treat temporary travel under advance parole as a “departure” for purposes of the three-year and ten-year unlawful-presence bars. Under the new ruling, travel outside the United States using advance parole can now constitute a departure and may trigger these bars for individuals who have accrued the applicable period of unlawful presence. The Board stated that this new interpretation will apply prospectively. This is particularly important for individuals who have recently received advance parole, including emergency advance parole, and have not yet traveled. Having an approved advance parole document does not necessarily protect an individual from the immigration consequences that may result from departing the United States. If you believe this decision may apply to you, I strongly encourage you to speak with a qualified immigration attorney before traveling. Every immigration case is different, and individuals should understand how this new ruling may affect their particular status and circumstances before making travel plans.