回複：PD current, child aged out

PD current了，但孩子21歲過了十幾天（減去I140處理時間後），不能同我們一起綠了。有幾個問題問專家：
1. 就過了十幾天，有沒有特例還是能批？
-No. No exception in this case, so don't waste your money for the child to file I-485..

2. 如果我們拿到綠卡後，馬上給孩子辦I130移民申請，孩子能用我的original PD（根據CSPA）嗎?
-Yes. But you had better find a immigration law to help you to claim your I-140 PD as your I-130 FB-2(b) PD. The following is copied from this website for your information:
http://www.hooyou.com/ageout/childemp.htm

Retention of Priority Date

If the age of an alien is determined under the above calculation to be 21 years or older, the alien's petition shall automatically be converted to the appropriate family-based immigration preference category (most likely, Family based Immigration under FB-2(b)) and the alien shall retain the original priority date issued upon receipt of the original petition. [CSPA 3 (h)(3)]

Example:

The Labor Certification application that was submitted on John's behalf on January 1, 2010 was later approved on December 1, 2010. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2012. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2012, when Junior is 21 years 7 months. The visa number for the EB-2 becomes available for John on July 1, 2013. Under the CSPA, Junior’s age is fixed as of the date that the I-140 was filed. Because John’s I-140 was pending for six months, these six months are subtracted from Junior’s age at the time when the I-140 was approved. Subtracting six months from Junior’s age of 21 years, 7 months on July 1, 2002, Junior’s age was fixed at 20 years and 7 months. However, because the immigrant visa number is not available on July 12, 2012, Junior’s age starts toll. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status as he is “21 years and 7 months” older under the CSPA on July, 2013 when the immigrant visa number becomes available for his father.
 

3. 孩子已經來美10 年了，一直是合法身份（H4 到 F1）畢業於local的小學，中學，現在在讀大學。符合Defered Action for Childhood Arrivals(DACA)， 隻不過DACA 是針對非法小孩，我孩子是合法。
-Don't think your child is qualified for this kind of benefit.
 

我孩子能申請DACA and get EAD 去工作嗎？申請了DACA 會不會影響孩子到F1 身份？