GC Process for Children on H4 VISA

[ckara6]

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.

[jairichi]

On what basis your son will get a GC before you getting a GC? Is that ever possible?

[JoeF]

They can only file I-485s when your PD is current.

[ckara6]

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.

[JoeF]

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.