The BIA overruled Matter of Arrabally and Yerrabelly, holding that departure from the United States pursuant to a grant of advance parole is a “departure” within the meaning of INA §212(a)(9)(B)(i)(II). The BIA determined that this holding applies prospectively and comports with the natural meaning of “departure,” as well as the government’s longstanding interpretation of the term prior to Matter of Arrabally and Yerrabelly. The BIA also clarified that a noncitizen may become inadmissible under this section of the INA by virtue of a trip abroad undertaken pursuant to a grant of advance parole.
What does that mean? If you overstayed your visa after you married a U.S. Citizen, DO NOT LEAVE THE US!! Even a travel document might not be helpful in letting you back in and allowing your adjustment of status to continue! Don’t risk it. If your visa is expired, we strongly recommend that you do NOT leave the U.S. while awaiting adjustment of status unless you have a current visa to come and go as you please!