Important Advance Parole Travel Update for Marriage-Based Green Card Applicants
On August 13, 2026, the Board of Immigration Appeals (BIA) issued an important new decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026).
The decision overruled Matter of Arrabally and Yerrabelly, a 2012 decision that had protected certain applicants from triggering the unlawful-presence bar when they traveled with Advance Parole.
Under the new decision, travel outside the United States with Advance Parole can now count as a “departure” for purposes of the 10-year unlawful-presence bar under INA §212(a)(9)(B)(i)(II).
This does not mean that everyone with a pending I-485 should stop traveling. Whether the new decision affects you depends on your individual immigration history, including whether you had accumulated unlawful presence before your I-485 was filed.
The following guidance applies to our marriage-based adjustment of status clients who originally entered the United States legally.
Category 1: Married to a U.S. Citizen and I-485 Filed While You Were Still in Valid Nonimmigrant Status
This category includes applicants who entered the United States legally in F-1, B-2, H-1B, or another valid nonimmigrant status and were still maintaining that status when we filed the I-485.
If this describes your case, the new Matter of Delcarmen-Lara decision generally does not change our Advance Parole guidance for you.
Your original F-1, B-2, H-1B, or other nonimmigrant status may later expire while your I-485 remains pending. That fact alone does not mean that the new BIA decision prevents you from using Advance Parole.
If USCIS has issued you a valid Advance Parole document, you may generally continue to travel with Advance Parole unless our office has specifically advised you otherwise.
General guidance: This new decision generally does not change your ability to use a valid Advance Parole document.
Category 2: Married to a Lawful Permanent Resident and I-485 Filed While You Were Still in Valid Nonimmigrant Status
For our clients married to lawful permanent residents, we generally file Form I-485 while the applicant is still maintaining valid nonimmigrant status and is otherwise eligible to file.
If you entered the United States legally and were still maintaining valid F-1, B-2, H-1B, or another qualifying nonimmigrant status when we filed your I-485, the new Matter of Delcarmen-Lara decision generally does not change our Advance Parole guidance for you.
Your original nonimmigrant status may later expire while your properly filed I-485 remains pending. That fact alone does not mean that the new BIA decision prevents you from using Advance Parole.
If USCIS has issued you a valid Advance Parole document, you may generally continue to travel with Advance Parole unless our office has specifically advised you otherwise.
General guidance: This new decision generally does not change your ability to use a valid Advance Parole document.
Category 3: Married to a U.S. Citizen but Already Out of Nonimmigrant Status When the I-485 Was Filed
This is the category that requires additional review before international travel.
A spouse of a U.S. citizen may often still qualify to adjust status even if the applicant overstayed a visa or otherwise failed to maintain nonimmigrant status before the I-485 was filed.
However, eligibility to file or obtain approval of an I-485 despite an overstay is a different issue from the consequences of leaving the United States after accumulating unlawful presence.
Under Matter of Delcarmen-Lara, a departure using Advance Parole can now trigger the 10-year unlawful-presence bar if the applicant previously accumulated one year or more of unlawful presence.
For example:
B-2 status expires → applicant remains in the United States for an extended period → applicant marries a U.S. citizen → I-485 is filed → USCIS approves Advance Parole.
Under the previous Matter of Arrabally rule, an authorized trip with Advance Parole did not constitute the type of departure that triggered the 10-year unlawful-presence bar.
Matter of Delcarmen-Lara has now overruled that protection for future travel covered by the new decision.
Because being “out of status” and accumulating “unlawful presence” are not always the same thing, and the calculation can depend on the applicant's individual immigration history, clients should not try to make this determination themselves.
If you were already out of nonimmigrant status when we filed your I-485, please DO NOT travel internationally using Advance Parole without contacting our office first.
This applies even if:
USCIS has already approved your Form I-131;
you already have an Advance Parole document or combo card;
you previously traveled successfully using Advance Parole; or
your I-485 remains pending.
We will review your individual immigration history before advising whether international travel is appropriate.
What If I Already Traveled With Advance Parole Before August 13, 2026?
The BIA specifically stated that its new holding in Matter of Delcarmen-Lara will be applied prospectively.
The Board declined to apply the new rule to the respondent's own Advance Parole trip, which occurred before the new decision.
Therefore, an Advance Parole trip completed before the new decision generally should not become a triggering departure under Matter of Delcarmen-Lara merely because the law changed on August 13, 2026.
However, if you are considering another international trip after the new decision, you should follow the updated guidance above.
Quick Summary
Married to a U.S. citizen + entered legally + still in valid nonimmigrant status when I-485 was filed
The new decision generally does not change our Advance Parole guidance. If you receive valid Advance Parole, you may generally continue to travel unless we specifically advise otherwise.
Married to a lawful permanent resident + entered legally + still in valid nonimmigrant status when I-485 was filed
The new decision generally does not change our Advance Parole guidance. If you receive valid Advance Parole, you may generally continue to travel unless we specifically advise otherwise.
Married to a U.S. citizen + entered legally + already out of nonimmigrant status when I-485 was filed
Do not travel using Advance Parole without contacting our office first. We need to review your immigration history and determine whether you accumulated unlawful presence before your I-485 was filed.
Important Reminder
Matter of Delcarmen-Lara does not cancel your pending I-485 or automatically cancel an approved Advance Parole document. The decision changes the potential immigration consequences of departing the United States with Advance Parole for certain applicants who have prior unlawful presence.
Advance Parole also does not guarantee that a person will be permitted to return to the United States. Other issues—including prior removal proceedings or removal orders, criminal history, fraud or misrepresentation, previous unlawful entries or departures, and other grounds of inadmissibility—may independently affect international travel.
If you are unsure which category applies to you, please contact our office before leaving the United States.
This article provides general educational information and is not a substitute for individualized legal advice. Every immigration case depends on the applicant's complete immigration history.
