The Board of Immigration Appeals (BIA) issued a decision on Matter of Delcarmen-Lara, that held that travel on advance parole is now a “departure” for purposes of the unlawful presence bars at INA ยง 212(a)(9)(B)(i). Cowritten with the Immigrant Legal Resource Center, this practice advisory explains the effect of this decision and walks through the practical questions it raises for noncitizens and their advocates. It discusses how advance parole works, how unlawful presence accrues for purposes of these bars, and which exceptions apply, and provides a general overview of how Customs and Border Protection retains discretion over paroling someone at the port of entry. It closes by considering how a person with an urgent need to travel might weigh associated risks, and how, in narrow circumstances, deliberately triggering a bar and waiting for it to lapse from within the United States may open longer-term immigration relief options.
Click here to view and download this guide.