BIA Overturns Arrabally: What the New Advance Parole Ruling Means

If you have a pending adjustment of status application and have been relying on advance parole to travel outside the United States, a recent Board of Immigration Appeals (BIA) decision could affect your plans. The BIA overturned a long-standing precedent that previously protected certain travelers from triggering an unlawful presence bar, making it important to understand how the ruling could affect you before leaving the country.

An experienced attorney could review your immigration history, including any unlawful presence you may have accrued, and help you understand the potential consequences of international travel. Working with an attorney before you travel could give you a clearer picture of your options and help you avoid making a decision that could complicate your adjustment of status. Here’s what BIA overturns Arrabally: what the new advance parole ruling means.

What Changed With the Arrabally Decision?

On August 13, 2026, the BIA issued Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The decision overruled Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which had held that a temporary departure under advance parole did not count as a “departure” for purposes of the unlawful presence bar.

Under the new ruling, leaving the United States with advance parole is considered a departure. If you have accumulated enough unlawful presence, that departure could therefore trigger an inadmissibility bar when you seek to return.

How Could Advance Parole Travel Affect You?

The unlawful presence rules generally impose a three-year bar after a departure when more than 180 days but less than one year of unlawful presence has accrued, and a 10-year bar when one year or more has accrued. The new BIA decision is particularly significant for anyone with at least one year of unlawful presence who is considering leaving the United States on early parole.

You should also understand that having an approved advance parole document does not eliminate every immigration consequence associated with leaving the country. Advance parole, after Arrabally was overturned, may authorize you to seek parole back into the United States, but the new BIA interpretation means that the departure itself could create a separate inadmissibility issue. The ruling may be relevant to people with pending adjustment of status applications and others who have advance parole documents and a history of unlawful presence.

Does the New Rule Apply to Earlier Travel?

The BIA expressly decided that its new interpretation applies prospectively rather than retroactively. The Board recognized that Arrabally had established precedent for many years and that people could have relied on that rule when making previous travel decisions.

This means the new interpretation is not intended to be applied to travel that occurred before the new ruling. However, if you are considering a trip outside the United States now, you should not assume that the protections associated with the former Arrabally decision still apply. The BIA’s new precedent governs going forward unless a subsequent decision changes the law.

Speak With an Immigration Attorney Before You Travel

Still have questions about the BIA overturning Arrabally and what the new advance parole ruling means for you? The BIA’s decision creates an important change for people who have accrued unlawful presence and are considering traveling with advance parole.

If you are considering international travel on advance parole, speaking with an attorney before you leave could help you make a more informed decision. Contact Godoy Law Office to discuss your situation and learn what options may be available to you.