Needing info in filing I-751 for 19 yr old son

[aussie girl 1]

Hello Everyone,

We filed our Joint application for I-751 last May 2. We included my son in that application and attached the biometric fees. However, we got a blue letter that states he cannot be included and to file separately. My son got his conditional PRC on October 4, 2005 which is over 90 days from when I got my conditional PRC (June 24, 2005). My questions are:

1- what do we include in the filing of his I-751? In our joint filing, we had included a lot of papers which is too long to list here. In fact, the documents we mailed was at least 2 inches thick showing all kinds of documentation. Apart form those documents, we also had 5 notarized letters from friends and family. We had to put all the papers in a box instead of an envelope. We got our blue letter receipt a day before we got the blue letter for my son's not eligible to be included in our joint filing, but we didn't get our NOA1 extention letter yet. Can you give us any ideas on what to put? Or should we give exactly the same documents as in our joint filing. I have photocopies of everything. Should I include a photocopy of the 5 notarized letter? or should we get another one from each friend and family. The letters also noted that our son lived with us.

2- During Halloween, my son was involved in an incident where he and his friends were stopped and warned by a policeman when they stupidly parked the car in a 'No trespassing' street. This place is well known to Halloweeners as its a haunted place and because of this during Halloween, the police is extra conscientious in booking/charging kids who have intentions of going to the haunted house. Anyway, my kid and his friends didn't even had a chance to get out of the car when the policeman showed up and warned them about being in a 'No Tresspassing' zone. The policeman let them off with a warning. But anyhow, last April, my son and his friends received a letter that stated he is a candidate for community service program. He followed the instructions and completed the 24 hrs community service and did all the paperworks in time. However, it appeared that the papers did not reached the district court and he got a letter to appear in a prosecution. So, we attended the prosecution on the stated date and time and because he did the community service already the prosecutor did not prosecute him and entered a 'Nolle Prosequi' on his papers. My question is, what papers should he include in his application for I-751. We know he has to tell INS about this incident but the prosecutor got the original papers that states he had completed the community service. We only have the letter that we got a week after which states his case was not prosecuted and he had satisfied all the requirements and they entered 'Nolle Prosequi'. Is this case a criminal record? We are thinking of applying for his record to be expunged, if he did have a record. We don't know if he does. How can we find out? if it is a criminal case, will this prevent him from getting the conditions removed? If he does not get his 10 yr PRC, will he be deported?

Thanks for any info you can give.

Aussie Girl