Should I include my son in my application for citizenship?

Need to file a late I-829 for him and explain the reason why which is service error.

There is no case such as including a child in a naturalization application. A minor cannot apply for naturalization. But please check with your lawyer that when you become a citizen, the child may automatically be a citizen too. Then all you would need to do is, only to apply for a U.S. passport for the child.

You should file an I-829 for your son.

You must completely and accurately fill out your N-400 form. You do not really have an option not to include your son on that form. Since he is under 18, he should become a U.S. citizen automatically when you naturalize as long as he is living with you in the U.S with his green card (whether it is valid for two years or ten years). There is nothing for you to do regarding your son''s green card because it is too late to file an I-829 for him and even if it was USCIS'' mistake to issue him a 10-year green card, it was not your mistake, and it should not have mattered anyway since your condition was removed, i.e., his condition would have been removed had he been included on your I-829.

Generally, EB-5 immigrants are required to apply for removal of the condition within 90 days of the 2 year anniversary of the EB-5 status. It sounds like your son should have been issued a 2 year green card and applied for removal of the condition. A ''nunc pro tunc'' application to remove the condition would seem appropriate to me. If your son is under 18 at the time, you and his other parent naturalize, he will derive citizenship.

Under what category did your son receive his green card? You should meet with an attorney who can review all records and advise you accordingly.

If he is under 18 when you naturalize, most likely he will have no trouble getting a certificate of naturalization. If you wish, he can file an application for removal of condition, or an I-90 for a corrected green card.