New BIA Ruling Changes the Rules for Advance Parole and Unlawful Presence

This resource explains a new BIA ruling issued August 13, 2026 that reverses Matter of Arrabally and Yerrabelly, so trips on advance parole now count as a “departure” under immigration law. The change applies only to departures on or after that date, and it can trigger the 3 or 10 year unlawful presence bar for people who accrued more than 180 days of unlawful presence before leaving, a group that includes many DACA recipients.

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