Legal Question

I've been researching this scenario for some time now. I was wondering to receive some perspectives from you guys.

EWI in 93

245(i) derivative departs US 2014

Somehow they are able to obtain b1/b2 visa and enter legally after non immigrant waiver approval.

LPR spouse petitions immigrant in 2016.

If they overstay visa, can they AOS using 245(i) and I-601 (since they would still have bar for immigrant purposes)?

Any info is helpful.

Yes. You'll use the 245(i) for overstay, and I-601 against the 10 year ban.

I-601 can be filed together with the AOS application in this case.

Thank you for your response. I've been searching the effect of a departure on 245(i) for a while now. Everything points that it has no effect. Of course it doesn't "cure" other inadmissabilities.

245(i) only "Cures" the following

Entered the United States illegally;
Worked in the United States illegally,
Failed to maintain continuously lawful status,
Entered under the Visa Waiver Pilot Program,
Entered as foreign crewmen, and
Entered as foreign travelers in transit without a visa.