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[HOT] Who can be included in the Principal Applicant's I-829 conditions removal petition?


We all know that I-829 conditions removal petition must be submitted within the 90 days window period prior to the expiration of Principal Applicant's CPR status. But what does the I-829 regulation say about which family members can be included?

Well, it is clear from the I-829 regulation at 8 CFR 216.6 that dependent family members can be included in the same I-829 petition for PA if they have the same CPR expiration dates. As an alternative, the dependent family members can file I-829 separately, but who wants to when the I-829 filing fee is so high? What if the CPR expiration dates for dependent Wife and dependent Child come let's say 120 days after the CPR expiration date of PA? Can the Wife and Child still be included in the PA's I-829 petition? Or can the Wife and Child file together and pay only one filing fee? Basically, I-829 regulation is unclear on this issue.

To make the long story short, CSC has ruled on Oct 27, 2010 that any dependents who are in CPR status at the time the PA files I-829 can be included (or did it, the answer appears to vary depending on who you ask). If the PA's I-829 has already been filed, then dependents already in CPR status can file their I-829s separately.

Now, a more interesting issue is where PA already obtained "permanent" green card status via I-829 approval, what status will be given to a follow-to-join dependent who had been included in the initial I-526 but never took necessary steps to obtain CPR status?