Safe Travel On Advance Parole

Good News for adjustment of status travelers on advance parole.

A new BIA decision in the Matter of Arrabally and Yerrabelly decided on April 17, 2012, provides an interesting and favorable interpretation of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act. According to this case an alien who has left and returned to the United States under a grant of advance parole has not made a “departure . . . from the United States” an thus is Not inadmissible pursuant to section 212(a)(9)(B)(i)(II) of the Act.