PD current了，但孩子21岁过了十几天（减去I140处理时间后），不能同我们一起绿了。有几个问题问专家：
1. 就过了十几天，有没有特例还是能批？
-No. No exception in this case, so don't waste your money for the child to file I-485..
2. 如果我们拿到绿卡后，马上给孩子办I130移民申请，孩子能用我的original PD（根据CSPA）吗?
-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. 孩子已经来美10 年了，一直是合法身份（H4 到 F1）毕业于local的小学，中学，现在在读大学。符合Defered Action for Childhood Arrivals(DACA)， 只不过DACA 是针对非法小孩，我孩子是合法。
-Don't think your child is qualified for this kind of benefit.
我孩子能申请DACA and get EAD 去工作吗？申请了DACA 会不会影响孩子到F1 身份？
