Foreigners who have overstayed their authorised period in the United States could face a three-year or 10-year ban if they leave the country and later attempt to return, even with an Advance Parole Document.
The United States has introduced an important immigration rule that could affect foreigners who remain in the country beyond their authorised period.
The change concerns people who have accumulated unlawful presence in the US and intend to travel outside the country using an Advance Parole Document.
The Board of Immigration Appeals (BIA) announced the decision on August 13, 2026. It overturned a 2012 immigration decision that had protected certain travellers from triggering unlawful-presence bars when they left the country with Advance Parole.
The new ruling, known as Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), changes how US immigration authorities treat such departures.
According to an alert published by the US Citizenship and Immigration Services (USCIS), leaving the country with an Advance Parole Document now counts as a departure for the purpose of certain inadmissibility rules.
Who could face a 10-year ban?
The rule primarily affects foreigners who have accumulated unlawful presence in the United States.
Under Section 212(a)(9)(B)(i) of the Immigration and Nationality Act, the length of unlawful presence determines the possible restriction.
Foreigners who accumulate more than 180 days but less than one year of unlawful presence before leaving the country could face a three-year ban.
However, those who accumulate one year or more of unlawful presence before departing could face a 10-year ban.
The restrictions apply when affected individuals subsequently seek admission into the United States within the relevant statutory period.
This means that someone who overstays their authorised period cannot assume that travelling with an Advance Parole Document will protect them from these immigration consequences.
Does the rule affect everyone with an expired visa?
No. The ruling does not automatically affect every foreigner with an expired visa or everyone holding an Advance Parole Document.
USCIS specifically warned people who have accumulated more than 180 days of unlawful presence and are considering leaving the country.
The Advance Parole Document remains valid. However, possessing one does not automatically exempt an individual from the consequences of unlawful presence under the new interpretation.
The ruling also does not automatically impose a ban on every parolee or every holder of Temporary Protected Status.
What should Nigerians in the US know?
Nigerians living in the United States should understand the distinction between an expired visa and unlawful presence.
An expired visa does not necessarily mean that a person has accumulated unlawful presence. Their immigration status, authorised period of stay and individual circumstances matter.
For this reason, Nigerians who have overstayed or have unresolved immigration issues should seek advice from a qualified US immigration lawyer before travelling outside the country.
Leaving without understanding the consequences could affect their ability to return to the United States.
The key lesson is that an Advance Parole Document should not be treated as a guarantee of re-entry, particularly for foreigners with a history of unlawful presence.