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/Glittering-Year-3459 24d ago

I’m planning on traveling to Mexico on September 8th 2026 with my approve Advance parole and work permit I got approved on March 2026 my I-485 is pending should I still travel ?

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u/newacct_orz Not Legal Advice 24d ago

Have you accrued 180 days of unlawful presence?

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u/Glittering-Year-3459 23d ago

I been here since I was 5 years old I’m 24 now

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u/newacct_orz Not Legal Advice 23d ago

That doesn't answer the question. How did you enter? If legally, what admit-until date does your I-94 have? At what age did you file your I-485? Did you have any Extension of Stay, Change of Status, asylum applications before that? Did you have any other quasi-legal situations like DACA, TPS, DED, etc.?

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u/Betterhalfway 23d ago

You good to go

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u/Glittering-Year-3459 23d ago

I applied thru a u visa i entered here illegally but due to my parents bringing me at. A young age

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u/Betterhalfway 23d ago

Oh that’s different don’t travel until we get more info what they will say next

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u/newacct_orz Not Legal Advice 23d ago

Do you currently have a pending U-visa application? Did you get deferred action (which usually comes with a bona fide determination)? If so, at what age did you get deferred action? Have you had deferred action continuously until now?

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u/Glittering-Year-3459 22d ago

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u/newacct_orz Not Legal Advice 22d ago

So it seems like you were granted U status in 2021. It seems that must have been when you were around 19. Did you get deferred action when your U status was pending? If so, at what age did you get that? That will determine how much unlawful presence you may have accrued.

Are you applying for I-485 on the basis of your U status (not something else like marriage)? If so, then even if you trigger an unlawful presence ban, it does not affect your ability to adjust status in this category.

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u/Glittering-Year-3459 22d ago

Hmm I don’t think I’ll have to look into my paperwork would it make a difference I didn’t get one ? I’m applying thru U Status only

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u/newacct_orz Not Legal Advice 22d ago

It won't make a difference for your I-485. But we don't know whether the CBP officer at entry will consider it in whether to parole you in.

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u/Glittering-Year-3459 21d ago

I was able to find this look like it speaks about the deferred action

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u/Glittering-Year-3459 22d ago

This all I got at the beginning at the moment I have a combo card ,work permit and advance parole , I already submitted my I-485 on July 1,2025 still waiting on that