Question about AP

[angelalahavok 8]

My husband and I filed for AOS 6 months after the expiration of his k1 visa/i94. We got approved for AP EAD and I have read that if u overstay ur visa and if u leave the US u are banned for 3 yrs if it's less than a year before u filed. So I'm wondering if we travel to another country before he has his green card, or even when he does have his green card, is he banned from re entering or does the AP and green card cover that and help him back in? TIA

[Hypnos 6,576]

Per Matter of Arrabally, the INA 212 overstay bars to which you refer do not apply to someone with a pending AoS application and who has also been granted Advance Parole.

[KayDeeCee 4,893]

You can use your AP to travel and re-enter the US while waiting for your I-485 to be processed.

https://fam.state.go...9FAM030209.html

9 FAM 302.9-14(B)(2) (U) Time Frames
(CT:VISA-74; 03-03-2016)
...
c. (U) INA 212(a)(9)(B)(i)(II) Departure at Any Time: The 10-year bar under INA 212(a)(9)(B)(i)(II) does not contain the same language as the three-year bar under INA 212(a)(9)(B)(i)(I) relating to the alien having departed voluntarily prior to commencement of removal proceedings. Thus, an alien who departs the United States after having been unlawfully present for a period of one year or more subsequent to April 1, 1997, is barred from returning to the United States for 10 years, whether the departure was before, during, or after removal proceedings and regardless of whether the alien departed on his or her own initiative or under removal order. The one exception to this rule (see also INA 212(a((9)(B)(v)) is that an alien cannot become inadmissible under INA 212(a)(9)(B)(i)(II) solely by virtue of a departure and return to the United States undertaken pursuant to a valid grant of advance parole based on the alien’s pending application for adjustment of status. Note that this does not preclude a trip under a grant of advance parole from being considered a “departure” for any other purposes under the INA, nor does it call into question the applicability of any other inadmissibility ground. On the contrary, it is well settled that an alien who leaves the United States and returns under a grant of advance parole is subject to those grounds of inadmissibility that may apply, rather than grounds of deportability, once parole is terminated. (See Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012.)

~ Moved from AOS from Family Based Visas to Working & Traveling During US Immigration - topic is travel ~