BIA issues important ruling on Advance Parole

The Board of Immigration Appeals has issued a very important decision concerning advance parole and whether it constitutes a "departure" for purposes of Section 212(a)(9)(B)(i)(II) of the INA. The precedential decision is Matter of Arrabally and Yerrabelly, 25 I & N Dec. 771 (BIA 2012). The aforementioned section of the statute provides that any alien who has been unlawfully present in the US for one year or more, and who again seeks admission within 10 years of the date of the alien's departure or removal from the US is inadmissible. The Board held that an alien's departure under a grant of advance parole authorized by USCIS does not constitute a "departure" as envisioned by 212(a)(9)(B)(i)(II). The BIA notes, however, that a trip undertaken under advance parole-while not a departure under the 10-year inadmissibility bar-may nevertheless trigger inadmissibility issues under different grounds.