Submitting I-601 and i-131 at the same time?

[holearbi]

Has any of you (who has submitted the AOS application from within the US) submitted both an Application for Waiver of Grounds of Inadmissibility (i-601) and an Application for Advance Parole Document (i-131) at the same time?

The i-131 instructions explicitly say that:

As an applicant for admission, you will be subject to inspection at a port-of-entry, and you may not be admitted if you are found to be inadmissible under any applicable provision of INA section 212(a) or 235 or any other provision of U.S. law regarding denial of admission to the United States.

My interpretation of the above text is that if an applicant is inadmissible of a type of inadmissibility that usually gets waived by submitting i-601 and gets the advance parole document (aka travel document) after submitting the full AOS package (including both i-131 and i-601), they will still not be able to travel and come back because at the port-of-entry inspection they will be found inadmissible. Is this interpretation correct? Does anyone have experience with this?

[newacct]

This paragraph is very confusing. When you are allowed to enter on Advance Parole, you are paroled, which means you are allowed to enter the US without being admitted. The whole time you are in the US after being paroled, you are considered, for immigration purposes, to be still applying for admission. You will be considered to be applying for admission until either you are admitted (for example, by your AOS being approved and you thus being admitted for permanent residence) or you leave the US. Grounds of inadmissibility do not prevent you from being paroled, since you are not actually "admitted". That's kind of the whole point of parole -- people are paroled because they do not qualify to be admitted into any status at that time. Grounds of inadmissibility only affect the final admission (in your case, the AOS). Whether you will be paroled is technically always at the discretion of the immigration officer at entry, and it's impossible to predict what the officer will consider. However, there is a general expectation that if you were granted Advance Parole, you will likely be paroled if there is no change in the circumstances. If you were inadmissible, your AOS would be denied, and you would no longer be able to be paroled. But since your AOS is still pending because they are still considering your waiver, I think your ability to be paroled should not be any different from any other AOS applicant.

[holearbi]

Thank you for your reply. What you say makes a lot of sense and corresponds with what I originally thought too. My confusion is because the form i-131 instructions here are scary in the "Travel Warning" section at the end of page 5 and beginning of page 6: https://www.uscis.gov/sites/default/...i-131instr.pdf