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Decisions · 29 I&N Dec. 830 (BIA 2026)

Matter of Delcarmen-Lara

On August 13, 2026, the BIA held that advance-parole travel is a departure for the ten-year unlawful-presence provision and overruled Arrabally and Yerrabelly. The new holding applies prospectively; departure alone does not prove every element of inadmissibility.

Published: Event / decision date:

Holding and scope

The decision concerns INA §212(a)(9)(B)(i)(II), the ten-year provision. It held that travel under advance parole counts as a departure for that provision. The BIA stated ‘we will apply this new holding prospectively.’ It did not apply the new rule to the respondent’s earlier travel. The case was a motion to reopen, not an approved green-card application.

Implementation and travel risk

USCIS guidance states that, as of August 13, 2026, advance-parole departures count under INA §212(a)(9)(B)(i), discussing both three- and ten-year bars. The underlying unlawful-presence period, statutory exceptions and departure facts still require analysis. The motion was denied as untimely and number-barred. Check later judicial developments before relying on the holding; Form I-485 and advance parole do not guarantee safe travel.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is Matter of Delcarmen-Lara?

On August 13, 2026, the BIA held that advance-parole travel is a departure for the ten-year unlawful-presence provision and overruled Arrabally and Yerrabelly. The new holding applies prospectively; departure alone does not prove every element of inadmissibility.

What should I check before relying on this information?

USCIS guidance states that, as of August 13, 2026, advance-parole departures count under INA §212(a)(9)(B)(i), discussing both three- and ten-year bars. The underlying unlawful-presence period, statutory exceptions and departure facts still require analysis. The motion was denied as untimely and number-barred. Check later judicial developments before relying on the holding; Form I-485 and advance parole do not guarantee safe travel.

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