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Ian H.

Which children to include in part 4?

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I'm a little confused as to which children have to be included in part 4 of form I-751.

Part 4 of the form says to include ALL of your children, however the instructions say to include children who obtained conditional status at the same time or within 90 days as the parent.

It doesn't specify if you can or cannot include your other children.

In this case it's for my cousin who has a daughter, but she didn't immigrate with him and doesn't live with him. Does she have to be included despite the ambiguity of the instructions and the form? Should I go based on what the instructions say or what the form says?

What others have done with the same situation would be helpful. Thanks!! :)


This does not constitute legal advice.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Agree, the recent forms and instructions do seem to have a bit of a disjoint. :bonk: This is one of the forms where the recent revision seemed to have missed an editor's desk before distribution. There have been similar-themed threads and responses in the recent past on this very point. You are not alone and there will likely be more head-scratching until the hopeful correction with the next form revision.

Suggest that your cousin follow the form and instructions quite literally. That is, list all children as indicated, and be careful to appropriately check the final two questions of Part 4 of the form, i.e., # 5 & 6, and/or # 11 & 12, and/or # 17 & 18, etc. (respectively), dependent on the child's/children's living arrangement and immigration circumstances.

HTH.

Good luck with your cousin's immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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