
The US Board of Immigration Appeals has overturned a 2012 precedent, ruling that leaving the US on advance parole can count as a 'departure' that triggers three- and 10-year re-entry bars for…
The US Board of Immigration Appeals has overturned a 2012 precedent, ruling that leaving the US on advance parole can count as a 'departure' that triggers three- and 10-year re-entry bars for immigrants with unlawful presence. The August 13 decision in Matter of Delcarmen-Lara applies prospectively, so travel before that date is not affected.
Under the new rule, someone with over 180 days but less than a year of unlawful presence faces a three-year bar; those with a year or more face a 10-year bar. The ruling affects people with pending adjustment of status, asylum applications, DACA or temporary protected status. Waivers may be available depending on individual circumstances.
This ruling quietly reverses a decade-old protection that immigrants and their lawyers had come to rely on. The mainstream US narrative frames advance parole as a routine travel permit, but the fine print always carried risk. The real test now is how consistently US immigration officials apply the new standard and whether waivers are granted fairly. Watch the first few cases that reach the courts, and count how many DACA and TPS holders are suddenly barred from returning. That number will tell you if this is a fix or a trap.
Source: hindustantimes.com
This story was synthesised by AI from the source linked above.