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Original Date Announced
August 14, 2026USCIS issued an alert announcing that "[a]s of August 13, 2026," leaving the United States pursuant to a grant of advance parole is a "departure" for purposes of triggering the 3- and 10-year unlawful presence inadmissibility grounds at INA § 212(a)(9)(B)(i). Going forward, noncitizens who leave on advance parole after they have accrued more than 180 days of unlawful presence in the United States will be inadmissible for a potentially waivable 3- or 10-year period depending upon the amount of unlawful presence accrued.
The alert gives effect to the Board of Immigration Appeals' precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), which held that leaving the United States pursuant to a grant of advance parole constituted a “departure” for purposes of the unlawful-presence inadmissibility bars. It reversed Matter of Arrabally & Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which held that a noncitizen who leaves the United States temporarily pursuant to a grant of advance parole does not make a “departure . . . from the United States."
Trump 2.0 [ID #2369]
2026.08.14 USCIS - Unlawful Presence and Inadmissibility 2026.08.25 USCIS Policy Manual - Vol. 7, Pt. B - 245(a) AdjustmentEffective Date
August 13, 2026Current Status
NoneOriginal Trump Policy Status
Subject Matter: Humanitarian EnforcementAgencies Affected: USCISPre Trump-Era Policies
- August 16, 2012 2012.08.16 Opinion - Matter of Arrabally & Yerrabelly
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May 8, 2026
The previous version of the USCIS Policy Manual, relying on Arrabally, stated that "[l]eaving the United States after first obtaining an advance parole document does not constitute a departure within the meaning of INA 212(a)(9)(B)(i)."
2026.05.08 USCIS Policy Manual - Vol. 3, Pt. B, Ch. 12 - Travel Outside the United States
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2026.08.14 USCIS - Unlawful Presence and Inadmissibility
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New Policy
Original Source:
2026.08.25 USCIS Policy Manual - Vol. 7, Pt. B - 245(a) Adjustment
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Prior Policy
Original Source:
2012.08.16 Opinion - Matter of Arrabally & Yerrabelly
- Prior Policy
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