Advance Parole and Leaving the U.S.: When a Trip Triggers the 3- or 10-Year Bar

Since the Matter of Delcarmen-Lara decision, leaving the U.S. on advance parole while unlawful presence has accrued now counts as a full departure from the country — and it can trigger the 3- or 10-year reentry bar.

In short

• Since August 13, 2026, traveling on advance parole with accrued unlawful presence is treated as an ordinary departure and triggers the 3- or 10-year bar.
• The full cost of advance parole can reach roughly $1,630 because of the new $1,000 fee introduced on October 15, 2025.
• 180+ days of unlawful presence trigger a 3-year bar, 365+ days trigger a 10-year bar, and filing to change status does not stop those days from accruing.
• Once the bar is triggered, the case moves to a consulate: the waiver takes 2–3 years to review, plus another 2–3 years of consular processing — up to 6 years in total.
• Adjusting status directly from lawful presence (for example, from F-1 through marriage) does not trigger the 10-year bar even if the person leaves the country.

Matter of Delcarmen-Lara: Why Advance Parole Travel Is No Longer Safe

The decision in Matter of Delcarmen-Lara, issued by the Board of Immigration Appeals (BIA) on August 13, 2026, changed how travel on advance parole is treated: such a trip is now treated as a full departure from the United States. The decision is recent and could still be appealed, and whether it applies to trips taken before that date has not been officially clarified — so when planning, it makes sense to go by the practice in effect at the time of filing, not at the time of a past trip.

Before this decision, a different logic applied: travel under advance parole was not considered a departure from the country, and an applicant could spend years in the U.S. with unlawful presence, travel abroad on advance parole, and return without triggering the 3- or 10-year bar — and once a green card was granted, the earlier unlawful presence no longer mattered.

After Matter of Delcarmen-Lara, that workaround closed. If an applicant has accrued unlawful presence at the time of departure, the advance parole trip itself is now treated as a departure that triggers the reentry bar. Previously, what protected applicants was that a departure under parole wasn’t considered a ‘departure’ for bar purposes; now the distinction between traveling ‘with advance permission’ and an ordinary departure has disappeared for bar purposes.

the distinction between traveling ‘with advance permission’ and an ordinary departure has disappeared for bar purposes

How Much It Costs to File for Advance Parole and a Work Permit

Filing	Government fee
Work permit (EAD)	$260
Advance parole	$630

Starting October 15, 2025, a separate $1,000 fee for parole itself is added on top of the Form I-131 fee — so the full cost of advance parole can run to roughly $1,630. The exact amount depends on the applicant’s category and filing method (paper or online), so it’s worth checking the current fee on Form G-1055 on the USCIS website before filing.

Filing for an EAD carries almost no downside: the approval odds in the final weeks are high, and the applicant risks little by filing this document. Advance parole is different — beyond the fee itself, approval may not arrive in time, and even once granted, actually using the travel permission can trigger the reentry bar.

The 3- or 10-Year Bar: Unlawful Presence Thresholds

The amount of unlawful presence determines which bar a departure triggers — 3 years or 10 years. More than 180 days of unlawful presence at the time of departure triggers a 3-year reentry bar. More than 365 days triggers a 10-year bar.

The same thresholds apply to an applicant awaiting a green card: if a year of unlawful presence has accrued while waiting, departure triggers the 10-year bar. If it’s 180 days or more, it’s the 3-year bar.

Filing an application to adjust status does not, by itself, stop the accrual of unlawful presence days — this is a common misconception. As a general rule, days keep accruing until approval or a change of status, with rare exceptions (for example, the period a bona fide asylum application is pending). Days already accrued are certainly not erased by filing. This is a separate requirement, unrelated to the other conditions of a status change — whether under the applicant’s direct subcategory or under a preference category.

The 10-year bar in particular is what most often causes serious trouble for those who have accrued unlawful presence: a Customs and Border Protection officer at the border will deny entry specifically on that basis, even if the adjustment of status application has already been approved.

a Customs and Border Protection officer at the border will deny entry specifically on that basis, even if the adjustment of status application has already been approved

Days of unlawful presence	Length of bar upon departure
180+ days	3 years
365+ days	10 years

What Happens After the Bar Is Triggered: Consular Processing and Years of Waiting

Once a departure has triggered the bar, the I-130 case moves from USCIS to a consulate — the petition goes through the National Visa Center, and the applicant then goes through full consular processing outside the U.S. If the consulate confirms at that stage that the 10- or 3-year bar applies, the applicant must separately file a petition for a waiver of the bar — the so-called unlawful presence waiver — and it has to be filed while the applicant is already abroad.

This waiver petition can take 2–3 years to process. On top of that comes the time for consular processing itself — another 2–3 years. All together, a person can end up stuck outside the U.S. for up to 6 years, based on current processing times: that’s not a fixed number but a ceiling made up of two sequential procedures, each running independently of the other.

a person can end up stuck outside the U.S. for up to 6 years

If the Applicant Adjusted Status From Lawful Presence: Departure Without a Bar

The bar is not triggered if the applicant had zero days of unlawful presence at the time of filing and at the time of departure. A real-world example: a student on an F-1 visa remained in the U.S. lawfully the entire time, with no lapse in status. Her F-1 status expired, but by that point she had already married a U.S. citizen and filed an application to adjust status based on a bona fide marriage — the transition happened directly from lawful status, with no gap of unlawful presence.

In this kind of situation, even leaving and returning to the U.S. does not trigger the 10-year bar: that bar is imposed specifically for accrued unlawful presence, which simply doesn’t exist in this scenario.

But the absence of a bar does not mean automatic permission to enter. A border officer still has discretionary authority to deny entry — the decision depends on the specific circumstances, and there’s no guarantee of reentry. If entry is denied, the pending adjustment of status application will most likely be transferred to a consulate abroad — instead of finishing the process inside the U.S., the applicant would face full consular processing.

Departure with accrued unlawful presence vs. without it

Criterion	Had accrued unlawful presence	Adjusted from lawful status
Triggers 3/10-year bar	Yes, on departure	No
Risk of entry denial by a border officer	Yes, discretionary	Yes, discretionary
Consequence if entry is denied	Bar applies, a waiver is needed	Case is transferred to a consulate abroad

Based on the cases described in this article: a person with accrued unlawful presence, and a student who adjusted status from F-1 through marriage without any break in lawful status.

Emergency Parole: An Expedited Process for Urgent Cases

Emergency parole is an expedited travel-permission process filed when a relative abroad’s health suddenly deteriorates and there isn’t time to wait for a regular advance parole to process. The request is made through an InfoPass appointment on the USCIS website: in the drop-down menu of services, the applicant selects the option for granting conditional travel permission (parole), after which a USCIS officer contacts the applicant within 3–4 business days with next steps.

The fee for emergency parole is $630 — paid separately, even if a regular advance parole application has already been filed: USCIS treats it as an independent, separate request. An in-person appointment at a USCIS office is usually available within two weeks, though in some cases the entire process has been handled by phone without a visit.

What to bring to the appointment:

• a document proving the relationship to the ill relative (for example, an original birth certificate);
• a medical statement about the serious health condition — ideally on official letterhead, signed by a physician, in original form (copies aren’t always accepted);
• proof of fee payment, personal photographs, a passport, and a completed Form I-131.

With some luck, the travel permission can be granted right at the InfoPass appointment. But a denial is also possible — if USCIS isn’t satisfied that all requirements have been fully met.

What to bring to an InfoPass appointment for emergency parole

• A document proving the relationship to the ill relativefor example, an original birth certificate
• A medical statement about the serious health conditionideally on official letterhead, signed by a physician, in original form
• Proof of payment of the $630 feepaid separately, even if a regular advance parole application is already filed
• Personal photographs
• Passport
• Completed Form I-131

Even With Approved Emergency Parole, Entry Can Still Be Denied

Even with approved emergency parole, a border officer at the point of entry to the U.S. retains discretionary authority to deny entry — the decision depends on the officer’s judgment, not on the fact that the application was approved. Approved parole does not guarantee reentry.

If entry is denied, it affects the status adjustment process: the case will likely have to be transferred for processing to a consulate abroad instead of continuing inside the U.S. That said, in the case discussed here, the 3- or 10-year bar does not get triggered even if entry is denied — because the applicant never had a period of unlawful presence: the transition went directly from lawful status into the adjustment process, with no unlawful presence accrued at any stage.

Frequently asked questions

Does the Matter of Delcarmen-Lara decision apply to trips already taken before August 13, 2026?

This question has not been officially clarified yet. When planning, it’s best to go by the practice in effect at the time of filing rather than the date of a trip already taken, since the decision is recent and could still be appealed.

Can the Matter of Delcarmen-Lara decision be appealed?

The decision was issued by the Board of Immigration Appeals (BIA) on August 13, 2026, and can formally be appealed. The outcome of any such appeal is not known at this point, so it makes sense to rely on the practice in effect at the time of filing.

What happens if an applicant never files for advance parole and simply waits for the green card inside the U.S.?

If the applicant doesn’t leave the country, the 3- or 10-year bar is not triggered — it only applies at the moment of departure. But unlawful presence keeps accruing if it’s already present, and waiting for a decision on the status change does not stop that count on its own.

Can emergency parole be filed if a regular advance parole application has already been approved but not yet used?

Yes, USCIS treats emergency parole as an independent, separate request regardless of the status of a regular advance parole application. The $630 fee for it is paid separately, even if a regular advance parole application has already been filed.