ckara6 Posted December 24, 2014 Report Share Posted December 24, 2014 I am on H1-B visa, started my GC process (EB3), got an approved I-140 for me and my 2 children aged 18 & 15 years, who are on H4 Visa and living with me in the US. So my question for you is - Is there a chance for my son (18 years old) to get the Green Card before our priority date becomes current? I really appreciate any advice I can get on this issue from one and all. Link to comment
jairichi Posted December 24, 2014 Report Share Posted December 24, 2014 On what basis your son will get a GC before you getting a GC? Is that ever possible? Link to comment
JoeF Posted December 24, 2014 Report Share Posted December 24, 2014 They can only file I-485s when your PD is current. Link to comment
ckara6 Posted December 26, 2014 Author Report Share Posted December 26, 2014 Thanks! for your replies, what you are saying is the regular GC process. However i heard that there maybe a rule that if the child reaches a certain age and Green card process is started, there is a chance for him. since he will be 21 yrs in few years and cannot continue in H4.I found this link -- http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa However I am going to consult an attorney. Link to comment
JoeF Posted December 28, 2014 Report Share Posted December 28, 2014 Thanks! for your replies, what you are saying is the regular GC process. However i heard that there maybe a rule that if the child reaches a certain age and Green card process is started, there is a chance for him. since he will be 21 yrs in few years and cannot continue in H4. I found this link -- http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa However I am going to consult an attorney. CSPA doesn't allow the child to file an I-485 before the PD is current. It just prevents the aging-out. Link to comment
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