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Other Employment-Based Greencard/I-140 General Issues

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  3. Is it possible to include my son's name in my wife’s I-140 petition under child protection act?

Is it possible to include my son's name in my wife’s I-140 petition under child protection act?

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Post by nlSxzpSXmaSDm on 14 Jan 2014

My wife’s company applied green card for her under EB3 category with priority date Nov 2009.  Her I-140 was approved. My son's name and my name were not included in her I-140 petition.

Is it possible to include my son's name in my wife’s I-140 petition under child protection act?  Will he be benefited with her present I-140 petition?

Post by legalmatrix on 14 Jan 2014

In order for your son to get a Green Card based on your wife's I-140, he must file an I-485 for adjustment of status before he turns 21 years of age.  But, he will not be eligible to file an I-485 until your wife's priority date is current.

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