If you have Deferred Action for Childhood Arrivals (DACA), temporary protected status (TPS), or a pending green card application, you might be eligible to travel abroad if you apply for a permit called Advance Parole (AP).
However, on August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision called Matter of Milagro DELCARMEN-LARA. This decision overruled a previous case and may impact many immigrants’ ability to travel abroad on this permit.
Below we explain what the decision means for people considering applying for or traveling with Advance Parole.
This information is not a substitute for legal advice from a qualified attorney or accredited representative.
What is Advance Parole?
Advance Parole (AP) is a legal document that allows eligible immigrants to travel abroad and re-enter the United States. In other words, it is permission to re-enter the country after leaving.
Who is eligible for Advance Parole?
Examples of immigrants who may be eligible to apply for advance parole include people with pending green card or asylum applications, people with pending T and U visas, and people with DACA or TPS. To get this document, you must submit an application and pay a fee of $630.
Why would someone apply for Advance Parole?
There are many rules and regulations that impact a person’s ability to travel, receive certain benefits, and regularize their status. AP gives someone who does not yet have their green card an opportunity to travel and re-enter the country without facing consequences like the 3 or 10 year bar.
What changed for advance parole with the new decision?
In the past, people who applied for and received approvals on their advance parole applications could travel abroad and re-enter the U.S. without major issues.
In Matter of Milagro DELCARMEN-LARA, the BIA stripped certain people of the ability to travel freely without fear of triggering immigration bars upon leaving the country. Before this decision, traveling outside of the U.S. with Advance Parole was not considered a “departure.”
This meant that people who entered the U.S. without being inspected, or who stayed past the date their permission expired, would be allowed to reenter without fear of having triggered a reentry bar. Now, anyone in that situation who wishes to travel on advance parole may be denied re-entry.
Who is affected by this new policy?
Anyone who has lived in the United States for 180 days or more without having some kind of lawful status has acquired what U.S. Citizenship and Immigration Services (USCIS) calls “unlawful presence.” If someone has 180 days or more in that status and has been granted Advance Parole, they should speak with an immigration attorney or DOJ accredited representative before traveling.
If you have traveled in the past with Advance Parole, this decision will not affect your past travel history. It will only be applied moving forward to people traveling with Advance Parole.
What is an “unlawful presence” bar?
An “unlawful presence” bar prevents someone from returning to the U.S. for either 3 or 10 years, depending on how much time they lived in the country in that status. This penalty is applied to someone for violating U.S. immigration law and it can impact their ability to regularize their immigration status.
I have DACA. Can I still travel on advance parole?
DACA recipients can only apply for advance parole if they have a humanitarian, educational, or employment-related reason for international travel. Assuming you are eligible to apply for advance parole for one of those reasons, you should still consult with an attorney or DOJ accredited representative so you can get a sense of your individual risk level if you leave the United States.
What should I do before I book a trip?
You should consult with an attorney or DOJ accredited representative about whether you face any risks before traveling abroad.
You can find affordable immigration legal services providers in our guide.
