Court Annuls USCIS Rules: How It Affects Your Immigration Case

The Board of Immigration Appeals (BIA) changed the interpretation of the travel permit known as advance parole. The decision can affect people with DACA, TPS, residency applications, and other immigration processes.

Starting August 13, 2026, a departure with advance parole can count as a formal departure from the United States. The change can trigger penalties of 3 or 10 years for unlawful presence. For this reason, some people should suspend travel plans and review their case.

What Did the Board of Appeals Decide?

The case is called Matter of Delcarmen-Lara, 29 I&N Dec. 830. The BIA decided that departing with advance parole constitutes a departure under immigration law. The ruling annulled the 2012 precedent known as Matter of Arrabally and Yerrabelly. That rule protected certain authorized temporary trips.

The BIA held that the law does not create a specific exception for advance parole. Therefore, the approved permit does not automatically eliminate the consequences of departure. The decision does not prohibit travel. However, it transforms the trip into a greater immigration risk for those who accumulated unlawful presence.

The decision applies going forward. According to the published text, trips completed before August 13 remain under the previous interpretation. USCIS also warned that a departure with a valid permit can trigger penalties. The agency indicated that the amount of accumulated unlawful presence matters.

Who Is Mainly Affected?

The change affects people who were in the United States without authorization for prolonged periods. Among the highest-risk groups are young people protected by DACA. TPS beneficiaries and adjustment of status applicants may also be included.

Family members of U.S. citizens are also not automatically protected. Family relationships may offer a migration pathway, but do not eliminate penalties for unlawful presence. The law considers different periods of unlawful presence. A person with more than 180 days can face a 3-year penalty.

If unlawful presence reached 1 year or more, the penalty can reach 10 years. The timeline begins when the person leaves the country. The Immigration and Nationality Act establishes the rules on unlawful presence and inadmissibility.

The calculation can be complicated if there are entries without inspection, deportation orders, or previous applications. Each departure can produce different consequences. People should not assume that DACA or TPS completely protects them. The permit authorizes travel, but does not guarantee reentry.

What Should Someone Planning to Travel Do?

The main recommendation