Is Child status protection only working when the priority date is current. My oldest son is almost 21.?

Question

I am in the EB3 category with a priority date 1/18/2005. We (my family) got I-140 approved, fingerprints, socials and work permits last year. My H-1 expire next month. My lawyer told me my son is going to loose everything. He is going to turn 21 soon. He is not going to get any green cardHe need to start over and apply for I-20 as international student to be legal in the country. any comment in similar cases would be really appreciate.

Answer 1

I don't know what kind of visa they were here on, but my husband's cousin's family came here when the son was 12.  By the time they went through the whole process of green cards an permanent residency, etc.  He was 18 and had to apply for citizenship on his own - he had to take the tests and everything.  He was not during that time in danger of being in deportation status because they had been working on it for 6 years and he was protected as they had filed all necessary paperwork for the citizenship requests.  

If you aren't sure that your lawyer knows what he is saying, talk to another lawyer.  I know it's difficult to bring a family member in of working age (brother, cousin, etc) when you are still in green card status because they are afraid they will stay here and work without permission.  Get the paperwork going immediately in case what he says is true, since you have been taking care of your filings and fees, perhaps they will automatically give your son a green card for the first year while you work on filing.

Good luck