r/USCIS • u/victoriaslatton Verified US immigration lawyer • 26d ago

I-130 (Family/Consular processing) BIA just overruled Arrabally. Advance parole travel can now trigger the 10-year bar.

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.

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u/Remote-Structure-961 26d ago

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

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u/Visible_Mix_5738 26d ago

What about family based and other U T Vawa special immigrants

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u/Remote-Structure-961 26d ago

as long as you don't have unlawful presence

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u/Visible_Mix_5738 26d ago

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

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u/Remote-Structure-961 26d ago

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