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Immigration Issues/criteria of approval: i-90 vs. i-130

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Question
Me, and my brother, are U.S. citizens, but my parents, who have been staying here only for couple of weeks every 3-4 months, are in the process of renewing their green cards / permanent residence cards which are about to expire.  I suggested to them not to renew through i-90 but let me or my brother apply for them through i-130 because:
1) i-90 says something about INS would give applicants reason for their application's denial, which is not present in i-130.
2) My parents have not stayed here very long all these years, which can be pretty easy for INS to find out if they apply for renewal, though the same would hold true for i-130.
3) lower fee
What would be your expert opinions on these options and the requirements of criteria between these two routes?
If somehow we decide to go with i-130, is it necessary for me or my brother to hold a job, a funded bank account, etc.?  Would having some of them have a more likelihood of approval?
Thanks for reading this.

Answer
Hi,

I-90 is better as maintaining residency is not an issue if entry is made once a year (once every six months is suggested without a re-entry permit) even if your parents stay only a week or two during their entry. I have never heard of an instance where renewal of the green card was not granted due to abandonment of residence in the U.S. (issues of residence are raised at the port-of-entry into the U.S., not when renewing the green card with the USCIS).

Moreover, the filing fee is actually lower than I-130 filed with the USCIS, combined with immigrant visa processing at a U.S. Consulate outside the U.S. There is also no concern with filing affidavit of support with the I-90.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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