[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, in practice, the USCIS applies regulations governing the filing of I-751 (conditional residence based on marriage), even though logically, it does not make sense. It does not make sense because first, the regulations governing I-751 and I-829 filing differ. Second, for the marriage cases, a different I-130 immigrant petition must be filed by Petitioner for every beneficiary; but for I-526 petition, there is only one I-526 petition under which both the PA and dependents must be included. Basically and logically, dependent family members should be allowed to be included regardless of when their CPR expiration dates are in relation to the PA's CPR expiration date.

In practice, however, the USCIS applies the regulation governing I-751 filing, which states:

Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(2) Dependent children . Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587)

Basically, if a dependent family member acquired CPR status outside 90 days from the CPR acquisition date of the PA, that dependent must on his own file a separate I-829, which means having to pay the huge I-829 filing fee.

We think USCIS is wrong on this issue, and we plan on bringing up this issue in future.