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2.0

USCIS announces that leaving the U.S. with advance parole is a “departure” for 3- and 10-year bar purposes

  1. Original Date Announced

    August 14, 2026

    USCIS 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) Adjustment
  2. Effective Date

    August 13, 2026

Current Status

None

Original Trump Policy Status

Subject Matter: Humanitarian Enforcement
Agencies Affected: USCIS

Pre Trump-Era Policies

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