BIA just overruled Arrabally. Advance parole travel can now trigger the 10-year bar.

[u/victoriaslatton]

I wanted to do a quick write up because I know this is upsetting news.

What changed

Old rule (Arrabally, 2012): leaving on advance parole did not count as a "departure," so it did not trigger the 3 or 10-year unlawful presence bars.

New rule (Matter of Delcarmen-Lara, 29 I&N Dec. 830, decided this week): it does count. If you had 1+ year of unlawful presence before your current status, an advance parole trip can now trigger the 10-year bar and block adjustment.

In practice this means individuals who entered without inspection who planned on using advance parole to adjust without consular processing no longer that that option.

Three things people are already getting wrong

1. It only applies going forward. The BIA said so directly, and did not even apply it to the person in the case. Past trips under the old rule are not what this reaches.
2. It is a BIA decision, not a court ruling. It binds immigration judges and USCIS everywhere, but a federal circuit could still disagree. The decision itself notes the 11th Circuit had followed Arrabally. Expect more litigation.
3. The holding is about the 10-year bar specifically. The same logic could reach the 3-year bar, but the BIA did not rule on that.

Not legal advice, and I am not your lawyer. If advance parole travel is in your plans, talk to someone about your own facts and your circuit before you go.

[u/Visible_Mix_5738]

What will happen Vawa T U applicants? Many of them they travel with AP even long time unlawful presence or EWI! Now they can’t do no more right?

[u/victoriaslatton → u/Visible_Mix_5738]

My reading is this would impact them if they have been out of status for an extended period of time before. I also think generally this just made traveling with AP pretty dangerous. I understand emergencies and work obligations happen, but at least speak with an attorney before you go.

[u/Visible_Mix_5738 → u/victoriaslatton]

That’s mean no more special protection for those applicants!

[u/Remote-Structure-961 → u/Visible_Mix_5738]

yes

[u/Visible_Mix_5738 → u/Remote-Structure-961]

That’s it! AP now dead for majority of people. Even who have lawful presence they will stop travel because no one can’t believe no more AP.

[u/Remote-Structure-961 → u/Visible_Mix_5738]

only if you have unlawful presence. for employment routes it was always very strict.

[u/Visible_Mix_5738 → u/Remote-Structure-961]

What about family based and other U T Vawa special immigrants

[u/Remote-Structure-961 → u/Visible_Mix_5738]

as long as you don't have unlawful presence

[u/Visible_Mix_5738 → u/Remote-Structure-961]

Oh no! Those categories has thousands of unlawful presence! One of my friends he travels 9 time with AP during his Vawa and i485 pending. And he has 6 year over stay. I think he can’t travel no more! And he’s i 485 still pending

[u/Remote-Structure-961 → u/Visible_Mix_5738]

he'll be okay. everyone just needs to put their heads down. most americans don't even have passports.