Traveling abroad with AP after unlawflly presence in the States

[Reda343]

This issue I am about to tell you is relied to my Sister's situation.

She entered the States in 2006 with a Fiancé visa ( F-1) ( six months period)
she overstayed in the country since that time until 2016 when she obtained a Work permit and AP.
Now, she planning to travel abroad for few days but she is concerned about that famous ( illegal immigration act of 1996). Any who overstayed in the United states after his o her visa expierd couldnt be allowed to reenter the United states.

Her attorney told her that the 1996 illégal immigration Act ended in 2010 and then she wouldn’t have any issue reentering the United states but she isnt sure about that.

Anybody experienced a such situation ???

[inadmissible]

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is still the law of the land, it wasn't repealed or sunset in 2010

Departing the United States on Advance Parole does not trigger the grounds of inadmissibility related to excess accrued unlawful presence, but not for the reason the attorney described

The BIA cogently articulated the reasons why AP does not trigger the ban in Arrabelly Yarrabelly. See https://www.justice.gov/sites/defaul...28final%29.pdf

The six month Fiancee visa is the K-1. F-1 is a student visa valid for the duration of status, not any fixed timeframe. Notably, K-1 holders are only eligible for adjustment of status if they marry the petitioner of the K-1