Prior overstay, then leaving on I-131 while I130/485 is pending

[ml_boston]

I'd like to confirm my understanding of the INA regarding my father's situation:

-Father had a multi-entry tourist visa
-He overstayed current stay by 3 weeks
-I applied for I-130/I-485/I-131, using immediate relative exemption of overstay exclusion

If/when the I-131 is approved, I want to understand the consequences of him leaving on it:

If before 6-months from tourist I-94 expiration:
- no impact under 212(a)(9)(B)
- tourist visa voided under 222(g)
- I-131 not voided under 222(g), since it was not the overstayed visa

If after 6-months from tourist I-94 expiration:
- 3-year ban enacted under 212(a)(9)(B), even if he is approved for the green card. The 3 year non-presence then voids the green card
- tourist visa voided under 222(g)
- Bottom line: He can't leave on I-131 if after 6 months from I-94 expiration, he has to wait for the GC.

Is my interpretation of the above correct?

Also, if he leaves prior to 6-months, and his GC is received while away, can/should he reenter on I-131? Or should I mail the GC to him so he can enter on it?

Also, I was told by a lawyer that USCIS sent a memo saying that his status switches to C-9 upon filing the I-485, even though it wasn't timely. Can someone provide a link to the memo? Does this mean he is only charged with 3 weeks of overstay, and the 6 month ban would never apply?

-ML

 

[TheRealCanadian]

Bottom line: He can't leave on I-131 if after 6 months from I-94 expiration, he has to wait for the GC. Is my interpretation of the above correct? .. Does this mean he is only charged with 3 weeks of overstay, and the 6 month ban would never apply

Essentially, yes. His status becomes legal once the I-485 is pending, and that resets the illegal presence clock.