Comprehensive Overview of Immigration Law (COIL) Practice Exam

According to the case Matter of Arrabally and Yerrabelly, what occurs when someone leaves the U.S. with advance parole?

1. They are considered to have a legal departure.

2. They do not trigger unlawful presence bars.

3. They are deemed inadmissible automatically.

4. They must wait to re-enter for a minimum of six months.

The correct answer is: They do not trigger unlawful presence bars.

In the case of Matter of Arrabally and Yerrabelly, the correct interpretation is that individuals who leave the U.S. with advance parole do not trigger unlawful presence bars. Advance parole allows certain individuals, such as those who may not otherwise be able to leave the U.S. without facing immigration consequences, to re-enter the country without incurring penalties related to unlawful presence. When someone utilizes advance parole to exit and re-enter, their departure is legally recognized, which is significant because it affirms their eligibility for re-entry under the terms established by the parole doctrine. As a result, the concerns regarding triggering unlawful presence bars—typically associated with individuals who overstayed their authorized period or who were otherwise residing unlawfully—are alleviated for those granted advance parole status. This case clarifies the nuances of immigration law regarding temporary departures and highlights that such a departure under specific circumstances does not automatically lead to penalties that could affect an individual's future immigration status.