Understanding Matter of Delcarmen-Lara: The New Meaning of “Departure” Under INA § 212(a)(9)(B)

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision on Matter of Delcarmen-Lara, that overruled Matter of Arrabally and Yerrabelly and held that travel on advance parole is now a “departure” for purposes of the unlawful presence bars at INA § 212(a)(9)(B)(i). Under this new interpretation, a person who has accrued more than 180 days of unlawful presence and then leaves the United States on advance parole will trigger the 3- or 10-year bar to admissibility. The BIA applied its holding prospectively, so trips taken before this decision was issued should not have triggered the bars. This practice advisory explains the effect of this decision and walks through the practical questions it raises for noncitizens and their advocates

This practice advisory was written in partnership with Path2Papers, a Project of Cornell Law School.