US Names Category Of Foreigners Who Could Be Banned For 10 Years
- The Board of Immigration Appeals issued a precedent decision on August 13, 2026, that immediately changed the rules for certain foreigners holding Advance Parole Documents
- The ruling overturned a 2012 decision that had previously protected some foreigners from being found inadmissible after departing the US with an Advance Parole Document
- USCIS has warned that foreigners with more than 180 days of unlawful presence face a potential 3- or 10-year bar on re-admission if they depart using the document
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The United States immigration authorities have flagged a category of foreigners who could face a multi-year bar from re-entering the country, following a landmark ruling by the Board of Immigration Appeals (BIA) that took effect on August 13, 2026.
The BIA issued a precedent decision, Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), which overruled the long-standing Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).
According to an alert published on the US Citizenship and Immigration Services (USCIS) page for Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, the new ruling has an immediate impact on certain foreigners who hold valid Advance Parole Documents, known as Form I-512L, and are considering leaving the United States.
What Changed With the New Ruling
The core shift concerns what qualifies as a formal departure under US immigration law. As of August 13, 2026, USCIS states that departing the United States while holding an Advance Parole Document now counts as a departure for the purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). Under the previous 2012 ruling, that protection did not apply in the same way.
Under section 212(a)(9)(B)(i) of the INA, foreigners who accumulate more than 180 days of unlawful presence in the United States, then depart and later seek re-admission within the relevant statutory period, are considered inadmissible.
The statute draws a distinction based on the length of unlawful presence: a 3-year bar applies to those with more than 180 days of unlawful presence, while a 10-year bar applies to those who have accrued one year or more of unlawful presence before departing.
US: Who Is at Risk
USCIS has made clear that this does not affect every person who holds an Advance Parole Document, nor does every departure automatically result in a ban.
The warning is directed specifically at foreigners who have accumulated more than 180 days of unlawful presence in the US. USCIS advises that such individuals considering a departure using an Advance Parole Document should be aware they may be found inadmissible under section 212(a)(9)(B)(i) of the INA when they seek to return.
The USCIS alert, published on the Form I-131 page last reviewed on 11 October 2026, urges affected individuals to carefully consider their situation before travelling.
The Advance Parole Document itself has not been declared invalid, and the ruling does not apply to all travellers, all parolees, or all holders of Temporary Protected Status.
US announces 1 green card route
Meanwhile, Legit.ng previously reported that US government's EB-1 visa category covers three types of applicants, but only one allows individuals to file their own petition without employer involvement.
Applicants under the Extraordinary Ability category must satisfy at least 3 of 10 set criteria, or present evidence of a major internationally recognised achievement.
Source: Legit.ng
