Talk to an immigration lawyer in person.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Your son will have to consular process. If at the time of his birth, one of the parents was a US citizen, he may have even acquired citizenship at birth!!! I suggest that you hire an experienced immigration attorney.
Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
You can apply for him through the US consulate in your home country. Make sure to hire an immigration lawyer to help you in order not to repeat the same mistakes again.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You do not indicate the basis for your visa petition. Is your son eligible as a direct beneficiary from a petition by a US citizen or a derivative beneficiary of you. Also your son because of his age does not accumulate unlawful presence and may be eligible for visitor visa if you are able to convince the US consulate that he will return abroad for immigrant visa processing.
Dear Sir or Madam, please have your case fully evaluated via an experienced immigration attorney. We wouldn't want your son to be barred due to any departure based upon unlawful presence. So an attorney needs to review the facts more specifically to advise you properly. best regards,
Your son violated his visa waiver period. He has to get a visa before coming back if he leaves. Also he has to get an immigrant petition filed and approved before he can come back. You can apply for the I-130 before you leave and wait for it to be approved before he comes back. Be careful with your residence, you should not stay out of the country more than six months.
This is not legal advice and a client attorney relationship is not created. You should not rely solely on the information provided in this page as every case is different and laws are in a constant state of change.