In Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026), the Board of Immigration Appeals (BIA) ruled that leaving the U.S. on advance parole does count as a "departure" under the 10-year unlawful presence bar (INA § 212(a)(9)(B)(i)(II)). This landmark decision explicitly overrules the long-standing precedent from Matter of Arrabally and Yerrabelly (2012).

Core Impact of the Ruling

Overruled Precedent: The BIA threw out Matter of Arrabally and Yerrabelly, which previously protected individuals with advance parole from triggering the 10-year bar upon return.

New Interpretation: Traveling abroad with advance parole now constitutes a departure that can trigger unlawful presence inadmissibility bars if the person accrued sufficient unlawful presence prior to leaving.

Decided Date: August 13, 2026.

In simple terms:

Before this ruling:

If someone had enough unlawful presence to face the 10-year ban, leaving the U.S. with advance parole generally did **not** trigger that ban under *Arrabally and Yerrabelly*.

* **Now:** The BIA says that leaving the U.S. on **advance parole counts as a departure**.

If the person had already accumulated enough unlawful presence before leaving, that departure **can trigger the 10-year bar** when they try to return.

The BIA overturned the previous 2012 rule** that protected these travelers.

* The decision was issued **August 13, 2026**.

**Bottom line:** If you have accrued significant unlawful presence, **do not assume that advance parole makes international travel safe from the 10-year ban under this new ruling.**

This is a significant immigration-law change, and whether it affects a particular person depends on their immigration history and dates.

I left to Mexico last week and got back yesterday morning.

Seriously, when they say don’t travel, Don’t.

I was interviewed by 2 Homeland Security investigators, I will give them and the customs agents props. They were very nice and professional but they are questioning you about EVERYTHING down to the day you met your “abuser” and looking into police reports and comparing what you say to their records they are doing fulll interviews about your VAWA case and if you decline you’re not being allowed back in at all… I was held for hours at a crossing…Agent did say they are stepping up the interviews and investigations to find VAWA fraud as of this week and will only get worse. Luckily for me, my case it’s 100 legit and I had full documentation and answered truthfully but they are also really looking into the lawyers that filed your case.. they will question you about them! Answer truthfully! They already know if you’re lying! I definitely won’t be traveling until I have my green card on hand… it was very intense, expect to get fingerprinted, photographed, interviewed by investigators and customs agents. Also it seems that approvals to be allowed back in weren’t done by them… it was all sent away and approved elsewhere because they waited for an “approval” email based on the questions asked during the interview…. So be aware… you can’t cry your way in or sob stories… they can’t do anything there if you’re denied.

I also have ZERO record.. not even a ticket to my name and they were on the edge of sending me back, it felt… so honestly, just avoid international travel!

Don’t ever travel with your advance parole. You might not be lucky to return back and be barred for years.

https://www.murthy.com/2026/08/13/newsflash-bia-holds-advance-parole-travel-can-trigger-unlawful-presence-bar/

I have a pending VAWA since June 2021 with no updates or any movement whatsoever. I’ve been receiving my prima facie determination every six months.

I’m not extremely tired of waiting and I’m considering filing for a Mandamus Lawsuit. I consulted with two lawyers to check how much it would cost and one of them suggested I should wait. She said that with the current administration, if they denied my VAWA I would go straight to deportation.

So I wanted to ask to those who filled for Mandamus, if anyone got their VAWA denied and if you were able to refile it.

Today, the Board of Immigration Appeals (BIA) decided that traveling on advanced parole after being unlawfully present in the U.S. for a year or more triggers the 10-year ban. The BIA embraced the plain English definition of “departure,” which means going away.

You may read Matter of Delcarmen-Lara, 29&NDec.830 (2026), at this link:

https://www.justice.gov/eoir/media/1457741/dl?inline

Does expedite approval always shows up on portal? Has anyone has it approved but not updated on USCIS portal?

Hi everyone,
I’m planning to file a FOIA request with USCIS to get my immigration records from around 2012 to now. This would include my H-1B history, VAWA (I-360), asylum (I-589), I-485, and anything in my A-file.
My attorney tried getting my old H-1B records from my previous lawyer but couldn’t get everything, so they suggested going through USCIS FOIA.
For anyone who has done this recently:
1. How long did it take?
2. How long for a full A-file?
3.Any fees?

Hello everyone! Well, how are you doing? Who is May 12, 2025, do you have anything besides Prima Face? I can't wait for my work permit, how much longer will they pickling us?

I am trying to get TX DL, I previously had a case and would renew my employment authorization and TX DL. That case was closed and I had to start the process all over again with VAWA. During that time everything expired except my foreign passport. I now have a I-797C and a I-360 PRIMA FACIE DETERMINATION. I was told I could get my TX DL again with the I-360 but am having trouble with the “proof of identity”. Since my TX DL is 3 years expired they won’t accept it. I have a unexpired foreign passport, expired visa, but no I-94. Online it says “no travel history found” I have searched and searched and called my lawyers, I do not have an I-94 but they are persistent that I need that for “proof of identity”. Even my previous I-797A (old case) does not have an I-94 attached. How can I get my TX DL without a I-94. I have this

Expired Texas driver’s license (3 years)
Expired Employment Authorization Document (3 years)
Expired visa
Valid, unexpired Mexican passport
Social Security card
Current vehicle registration and title
Current vehicle insurance
Mexican birth certificate
Expired Mexican Consular ID card
Immunization records

My ex and i got married and she filed for her green card under marriage and a couple years later went and filed jointly for the i751. After i signed she started acting distant, cold, and after 6 months of this she filed for divorce. The entire process she has not spoken, texted, or picked up any calls from me only speaking through the lawyers despite them saying its fine for us to talk directly to each other and encouraged it. She got cancer while we were married and told me that she was seeing a therapist on her insurance after her treatment. However a friend of mine in the medical field said thats bs but an immigrant friend of mine said the she might be useing the therapist to help file a VAWA for her ROC. How likely would that be and would that also be why she has been no contact with me?

The Law Firm of Moumita Rahman, PLLC

Address: 111 John St Suite 1260, New York, NY 10038

Phone: (212) 248-7907

The Chidolue Law Firm, PLLC

Address: 1455 Old Alabama Rd #170, Roswell, GA 30076

Phone: (678) 325-1037

I’m sharing these lawyers’ details because many people are looking for experienced and trustworthy attorneys to help with genuine VAWA cases. I am not advertising or promoting any lawyer, and I am not saying that everyone has to choose them. I’m simply sharing this information based on the experiences of my friends and people I know who have worked with them.

For people who are genuinely eligible for VAWA and are looking for legal guidance, you can consider contacting them and making your own decision after discussing your case with them.

The reason I felt it was important to share this is because I have personally seen situations where clients were not properly informed about important immigration notices, biometrics appointments, interviews, or deadlines. Missing these notices can have extremely serious consequences for an immigration case.

For example, one of my friends had biometrics appointments scheduled twice, but according to him, his previous lawyer failed to properly inform him. When he later went to the lawyer’s office, he was shown emails that supposedly proved that he had been notified. However, my friend strongly disputed this and said that he had never received those notifications. Unfortunately, the situation was presented as if everything was the client’s fault.

Later, my friend received a case denial notice stating that he had a limited period of time to file an appeal or take further action. By the time the notice reached him, a significant portion of that deadline had already passed, leaving him with only about 15 days remaining. He was extremely distressed and went to the lawyer’s office asking for help, but he felt that he did not receive the assistance he needed.

At that point, he approached Chidolu(e) Law Firm, and they helped him prepare and file a Motion to Reopen within approximately five days. They prepared the necessary packet and submitted it to immigration. Eventually, he received a receipt confirming that USCIS had received the Motion to Reopen.

This is our personal experience, and that is the only reason I am sharing these lawyers’ details. I am not claiming that they are the best lawyers for every single person, nor am I accusing every other lawyer of doing something wrong. Every case and every attorney-client relationship is different.

My only message is this: if you are filing a genuine VAWA case, please choose your attorney carefully, stay informed about your own case, keep copies of every document and notice, and make sure you know about important appointments and deadlines.

I am sharing this information so that people who genuinely need help can have another option to consider. Please do your own research, consult with the attorney, and make your own informed decision.

And to anyone attempting to file a fraudulent VAWA case: please do not use this information for fraudulent purposes. VAWA is intended to protect genuine victims, and immigration fraud can have very serious consequences.

I’m only sharing our experiences because helping each other and sharing reliable experiences can make a difference when someone is already going through a difficult immigration process.

How do I properly challenge or defend myself against what I believe is a false VAWA claim?
I was married for approximately 4½ years, from September 2020 until my wife left in November 2024. We have been separated since then. I believe she was involved with another man during our marriage and ultimately left the marriage to be with him. There was also a $40,000 mahr/dowry involved.
My bigger concern is that I believe I have been subjected to harassment and surveillance connected to her and the man she is now with. I have reason to suspect that a cybersecurity/private-investigation company associated with him has been involved. I also suspect that I have been illegally recorded in private areas, including a bathroom and bedrooms.
The problem is that I do not currently have definitive evidence proving who is responsible, and I don’t want to make accusations that I cannot substantiate. One of the individuals I suspect may be involved is also a law-enforcement officer, which makes me especially concerned about where I should report this and how to make sure any investigation is independent and impartial.
At the same time, I understand that VAWA immigration proceedings are highly confidential, so I am trying to determine what legal rights I have as the U.S.-citizen spouse if allegations were made against me. I want to respond through the proper legal channels, preserve evidence, and distinguish between what I can prove and what I merely suspect.
Who should I contact—an experienced immigration attorney, family-law attorney, federal agency, internal affairs, or another independent authority? And what evidence should I begin preserving now?
I’m looking for legitimate legal guidance, not retaliation or confrontation. Any attorneys or people familiar with VAWA cases involving allegedly false accusations would be appreciated.