{"id":1194,"date":"2026-09-25T17:00:04","date_gmt":"2026-09-25T17:00:04","guid":{"rendered":"https:\/\/usstatebenefits.com\/blog\/understanding-matter-of-delcarmen-lara-the-new-meaning-of-departure-under-ina-%c2%a7-212a9b-24\/"},"modified":"2026-09-25T17:00:04","modified_gmt":"2026-09-25T17:00:04","slug":"understanding-matter-of-delcarmen-lara-the-new-meaning-of-departure-under-ina-%c2%a7-212a9b-24","status":"publish","type":"post","link":"https:\/\/usstatebenefits.com\/blog\/understanding-matter-of-delcarmen-lara-the-new-meaning-of-departure-under-ina-%c2%a7-212a9b-24\/","title":{"rendered":"Understanding Matter of Delcarmen-Lara: The New Meaning of “Departure” Under INA \u00a7 212(a)(9)(B)"},"content":{"rendered":"

Understanding Matter of Delcarmen-Lara: The New Meaning of “Departure” Under INA \u00a7 212(a)(9)(B)<\/p>\n

DACA
\n Family-Based
\n Temporary Protected Status<\/p>\n

ddelacruz
\nTue, 09\/01\/2026 – 14:29<\/p>\n

Publication Date
\n Sep 01, 2026<\/p>\n

Share<\/p>\n

 <\/p>\n

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 \u00a7 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
\n 
\nThis practice advisory was written in partnership with Path2Papers, a Project of Cornell Law School. <\/p>\n

Downloads<\/p>\n

File<\/p>\n

Understanding Matter of Delcarmen-Lara.pdf<\/p>\n

Audience
\n Practitioners<\/p>\n

Key Highlights<\/h2>\n