I-751 for my son?

[dreamlake 0]

I filed my I-751 last Sept 12, 2007 with my sons name on Part 5, and a fee of 475+80+80 = 625, today i got a letter from USCIS stating my GC is extended for one year, i didnt recive yet my Biometrics sched. . should i file a separte forn for my son?

i entered the US Jan,2005 - my son entered May 2005

I got my PRC 12-07-2005 ; my son 01-26-2006

expry 12-06-2006 ; 01-26-008

i called the uscis customer service she said that since i came first to USA and my son followed after 90 days then he should file separately,,

i read in this forum about this:

According to 8CFR Sec 216.4, "son's name" cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child not having acquired conditional resident status concurrently with the parent. 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 of the parent.

a little bit confused,, should i base upon my entry to USA or the issuance my my PRC - the 90 days period ..

thanks

Edited October 9, 2007 by dreamlake

[eau_xplain 2]

It's based on the dates the green cards were issued, or the Resident Since dates. Since your son's "resident since" date is less than 90 days after yours, then he should have been included in your I-751

Edited October 10, 2007 by eau_xplain

[eau_xplain 2]

You will get a separate letter extending your son's LPR status. You will also get separate biometrics letters.

[dreamlake 0]

You will get a separate letter extending your son's LPR status. You will also get separate biometrics letters.

Salamat, yes i did wrote his name of part 5 application form, - i didnt filled up another form for him

hopefully i will received that letter this week, i want to have this extension of PRC before we go to Phils. on Dec.

Oh, our case was transferred also to CSC, i didnt have a interview for my changes of AOS

[eau_xplain 2]

Oh, our case was transferred also to CSC, i didnt have a interview for my changes of AOS

Awesome!

Please provide us your timeline so that I can add you to the list of people whose AOS were approved without interview and are now applying for removal of conditions.