New Domestic & International Travel Advisory

We want to make sure you are aware of an important change in immigration law that may affect you or someone you know.

What Happened

The Board of Immigration Appeals (BIA) has issued a significant precedent decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), which changes how travel on Advance Parole is treated. For the past 14 years, under the BIA’s decision in Matter of Arrabally and Yerrabelly, leaving the United States on Advance Parole did not count as a “departure” for immigration purposes — this allowed individuals to return, be treated as having made a lawful entry, and continue pursuing a green card even if they had accrued unlawful presence beforehand.

The BIA has now overruled that precedent. Traveling outside the U.S. on Advance Parole can now be treated as an official departure. Depending on how much unlawful presence you accrued before leaving the country, this could trigger the 3-year or 10-year unlawful presence bar, and you could need a waiver before you are able to obtain lawful permanent residence. Simply holding an approved Advance Parole document does not mean that international travel is free of immigration consequences.

Who May Be Affected

This change could impact a wide range of individuals, including:

• DACA recipients who were planning to use Advance Parole to obtain a lawful entry and later apply for a green card through a qualifying family member
• TPS beneficiaries who accrued unlawful presence before receiving TPS
• Adjustment of Status applicants who are using or planning to use Advance Parole while their green card application is pending
• Anyone who accumulated unlawful presence before obtaining a humanitarian or discretionary immigration status

Important Date

This decision does not affect travel that took place before August 13, 2026. If you traveled on Advance Parole before that date, this change does not apply to your prior trip.

A Note on Domestic Travel

This caution is not limited to international trips. We have also seen an increase in immigration enforcement activity at airports within the United States. ICE has been checking domestic flight manifests and, in some cases, arresting individuals at the airport — including people who currently have an immigration case pending. Having an open case or a pending application does not guarantee protection from enforcement action while traveling domestically. If you are considering any air travel, whether international or domestic, we strongly encourage you to speak with our office first so we can advise you based on your specific circumstances. For more information on this topic, please seen this New York Times article.

What You Should Do

If you currently hold Advance Parole, are waiting for it to be approved, or have an upcoming trip planned using Advance Parole, please DO NOT TRAVEL until you have spoken with our office. Every immigration case is different, and the impact of this decision depends entirely on your individual immigration history. Leaving the country without first reviewing your case could have serious and irreversible consequences.

Please contact us at +1-312-782-1804 to schedule a consultation so we can review your specific situation before you make any travel plans.

We will continue to monitor this issue closely and will keep you updated as more guidance becomes available.