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A new update from United States immigration authorities could have serious consequences for certain foreigners who remain in the country irregularly.
U.S. Citizenship and Immigration Services (USCIS) warned that, starting August 13, 2026, a recent decision by the Board of Immigration Appeals (BIA) modified the way in which departure from the United States with a permit known as Advance Parole is interpreted.
According to USCIS, leaving the country using Advance Parole can now be considered a formal "departure" for the purposes of penalties for accumulated unlawful presence.
This means that some people who have remained in the United States without authorization for certain periods could automatically trigger so-called 3- or 10-year bars when attempting to return.
What is unlawful presence?
USCIS explains that unlawful presence occurs when a person stays in the United States without having been legally admitted or paroled, or when they remain in the country after their authorized period of stay expires.
The accumulation of these days can lead to severe immigration consequences when applying for a visa, permanent residency, or reentry into the country.
Immigration law establishes that a person will be considered inadmissible if they accumulated more than 180 days, but less than one year, of unlawful presence and subsequently leave the United States. In that case, they could face a three-year entry ban. If the accumulated unlawful presence exceeds one year, the penalty can extend to 10 years.
The change that worries immigrants
For years, a 2012 immigration decision had allowed certain Advance Parole beneficiaries to travel abroad without that trip being considered a "departure" that would trigger the penalties for unlawful presence. However, the BIA revoked that criterion through the decision Matter of Delcarmen-Lara, issued on August 13, 2026.
As a result, USCIS notes that people who have accumulated more than 180 days of unlawful presence must carefully evaluate any international travel with Advance Parole, as they could be declared inadmissible when attempting to return to the United States.
Who could be affected?
The warning is primarily directed at foreigners who have an Advance Parole document and who, before obtaining it, have accumulated enough days of unlawful presence on U.S. soil.
Although the permit allows for temporarily leaving the country and requesting reentry, it no longer necessarily protects against the consequences derived from accumulated unlawful presence.
USCIS recommends that people with a history of unlawful presence carefully review their immigration situation before traveling abroad. The agency also reminds that determining inadmissibility due to unlawful presence can be a complex process, so it advises seeking authorized legal guidance when there are doubts about a particular case.
In other words, an error as common as staying in the United States longer than permitted could have long-term consequences. For some immigrants, accumulating more than 180 days of unlawful presence and leaving the country could become an obstacle that closes the doors of the United States to them for three years or even an entire decade.
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