Board of Immigration Appeals Declares Travel Under Advanced Parole is Now Considered a “Departure”

On August 13th, the Board of Immigration Appeals (BIA) ruled in the Matter of Milagro Delcarmen-Lara that traveling outside of the United States with advanced parole is considered a "departure" from the United States.

For the past 14 years, Advanced Parole provided a pathway to legal residency for thousands of noncitizens, including many DACA recipients. In order to qualify for adjustment of status, an individual must have first been inspected and admitted or paroled upon entry into the country. For individuals who entered without prior inspection, advanced parole granted permission for that individual to leave the country and be admitted and inspected upon their return.

Previously, advanced parole was not considered a "departure" since the Department of Homeland Security (DHS) gave individuals permission to travel and return to the United States. However, this new ruling overturns that consideration and now increases the travel risks for individuals who initially entered without permission and have accrued more than 180 days of unlawful presence in the United States.

A 1996 law states that any individual who has been in the US unlawfully for more than 180 days and “departs” from the country can be barred from re-entry for three years after their departure. If an individual has been in the US unlawfully for at least one year and “departs,” they would be barred from re-entering for 10 years. Any travel under Advanced Parole is now considered a “departure” and can place individuals at risk for barred re-entry.

This ruling places an additional barrier on many DACA recipients and immigrants who have not yet been granted permission to travel on advanced parole.

While this ruling creates difficulty and confusion, you are not alone. The team at Bennett & Harker is here to help. If you or a loved one is interested in scheduling a consultation, contact us here.