Given that your marriage was entered into before your son was 18 , your husband can petition and even adopt him. Immediately seek the services of a co percent immigration lawyer in your area.
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.
Provisional waiver, or vi-vat a new reform bill when and if it becomes the law. Seek out an immigration attorney for a comprehensive plan of action.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
By petitioning him and having him process for an immigrant visa abroad before his 18th birthday
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
There are different steps to his application. First, an I-130 will have to be filed with USCIS. Once that is approved, his file will be transferred to the National Visa Center to collect additional documents and prepare his file for the interview. Since your son came to the US without a visa, he'll have to go through consular processing. No waiver is required because he is 10 years old and there's no unlawful presence counting against him (as long as he came in only once and never left). I strongly encourage you to consult with and retain an immigration attorney to help you with his case. Good luck.
[This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]