On August 13, 2026, the Board of Immigration Appeals (BIA) overruled Matter of Arrabally and Yerrabelly and held that departing the United States on advance parole may now trigger the three- or ten-year unlawful-presence bars. This significant change has disrupted longstanding law and practice regarding international travel and may also affect how returning travelers are evaluated during customs inspections.
If you have a travel permit (“advance parole”), whether in the form of an annotation on your Employment Authorization Document (EAD) or a separate paper document issued by U.S. Citizenship and Immigration Services (USCIS), this change in the law may affect your ability to travel safely. If you leave the United States and seek to return using advance parole, there is now a risk that you could be denied admission. The individuals most directly affected are those who have accrued “unlawful presence” in the United States. Determining whether someone has accrued unlawful presence is highly complex and fact-specific, and the consequences of international travel can vary significantly depending on the circumstances of each case.
The attorneys at Global Immigration Legal Team can evaluate your individual immigration history and circumstances to determine whether traveling on advance parole could create legal risks, including the possibility of being subject to an unlawful-presence bar or facing prolonged separation from the United States.
If you do not yet have U.S. citizenship or lawful permanent residence, we strongly recommend consulting with experienced immigration counsel before making international travel plans or departing the United States. A travel document that previously provided a pathway for international travel may now
We are happy to explain the new law more with you directly and whether you may be subject to it. Please reach out to our office at 610-975-4599 or email info@giltlaw.com to set up a consultation or appointment.
This is for informational purposes only and does not constitute legal advice.
Update by: Business Immigration Department Chair Monica Singh, Esq. and Associate Attorney Ben Huvos, Esq.
Business Immigration Department Chair
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