US Announces One Category of Immigrants Who Could Face a Ban on Returning, Gives Reason

• A new BIA ruling issued on Aug. 13, 2026, changed how departures on Advance Parole are treated under US immigration law
• USCIS confirmed that immigrants with more than 180 days of unlawful presence now risk a multi-year bar when attempting to return to the US
• The decision overturned a 2012 precedent that had offered protections to Advance Parole travellers for over a decade

The US Citizenship and Immigration Services (USCIS) has issued an urgent warning to immigrants holding Advance Parole documents, alerting them that travelling outside the United States may now trigger re-entry bars lasting three or ten years.

The warning follows a precedent decision by the Board of Immigration Appeals (BIA0 issued on 13 August 2026.

The ruling, known as Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), overturned the longstanding Matter of Arrabally and Yerrabelly decision from 2012, which had previously shielded certain immigrants from inadmissibility bars when departing with Advance Parole.

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What the BIA ruling changes

Under the new decision, leaving the United States using a valid Advance Parole Document (Form I-512L) now constitutes a formal "departure" for the purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). Prior to this ruling, such departures were not treated as triggering unlawful presence bars.

The practical consequence is significant. Any immigrant who has accumulated more than 180 days of unlawful presence in the United States and then departs on Advance Parole now risks being barred from re-entry. Those with between 181 days and less than one year of unlawful presence face a three-year bar, while those with one year or more face a ten-year bar if they seek admission within the relevant statutory period after departing.

A separate, permanent bar also applies to those who re-enter or attempt to re-enter the United States without being admitted or paroled, after accumulating more than one year of unlawful presence in total across one or more stays.

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Who is most at risk

The ruling has an immediate impact on immigrants currently holding Advance Parole documents who are considering international travel, including those with pending adjustment of status applications.

Unlawful presence, as defined under US immigration law, covers any period during which a person is present in the United States without having been admitted or paroled, or after their authorised period of stay has expired.

USCIS acknowledged that determining inadmissibility based on unlawful presence is a complex process and urged affected individuals to seek legal advice before making any travel decisions.

The agency posted the warning on its official Facebook page on 20 August 2026, urging Advance Parole holders to review their status carefully before departing the country.

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Earlier, YEN.com.gh reported that a federal judge had reversed a Trump administration policy that suspended the processing of immigrant visas for nationals from 75 countries.

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He ruled that the State Department had overstepped its legal authority in implementing the measure.

Source: YEN.com.gh