09/15/2026
Can Advance Parole Trigger a 3 or 10 Year Bar?
Advance parole can now trigger a 3 or 10 year unlawful presence bar for some travelers.
A major immigration Warning took effect after the Board of Immigration Appeals issued Matter of Delcarmen Lara on August 13, 2026. The Board ruled that leaving the United States with advance parole counts as a departure for purposes of the unlawful presence rules. ([Department of Justice][1])
This can be especially Important for some DACA recipients, TPS holders, and other people with past unlawful presence who plan to travel using advance parole. ([Immigrant Legal Resource Center][2])
The time you spent unlawfully present in the United States matters:
More than 180 days but less than 1 year: Leaving may trigger a 3 year bar.
1 year or more: Leaving may trigger a 10 year bar.
The Critical point is that having an approved advance parole document does not automatically protect you from these unlawful presence consequences.
Before traveling:
1. Review your immigration history before leaving the United States.
2. Calculate whether you accumulated more than 180 days of unlawful presence.
3. Check when that unlawful presence occurred because age, immigration status, and other circumstances may affect the calculation.
4. If you already completed advance parole travel before August 13, 2026, the Board stated that its new interpretation applies prospectively. The decision generally does not treat those earlier trips under the new rule.
5. Speak with an immigration attorney before using an approved advance parole document if you may have unlawful presence.
There is no new government fee simply because of this ruling. However, a person who triggers an unlawful presence bar may need to explore a waiver or another immigration option, depending on the individual case.
This is not legal advice. For consultation call (832) 981-2170. Have you traveled or planned to travel using advance parole?