hi,
I am about to file for my AOS. I am planning on filing for AP along with my I-485 application. My petition is based on my U-Visa. I know that AOS may not be approved in 6 months. If I get the AP within 2/3 month of my application, would it be safe for me to travel? I was fell out of my F1 Student visa status in the past and stayed in the US for many years. I am not sure if I accrued unlawful presence since my I-94 was marked 'Duration of Status'. I know that the court ruled that departure with AP is not technically a departure and unlawful presence in the past should not affect entry back into the country. What are the risks? I-131 instruction page still cautions that re-entry is not guaranteed.
You should be fine, there was only one person denied entry on AP (via DACA), but that person had an outstanding removal order. She was ultimately allowed back into US.
Personally, in your case (AOS from a U-visa), I'd just wait for the green card before travel, unless you really really have to.
