I will assume for purposes of the question that you and your son are both in the US at this time and that you are sponsoring him for permanent residence. Under that circumstance, your son would have to be in legal immigration status until the time that you file for his I-485 adjustment of status application since you are a permanent resident and not a US citizen. If he is in the country as a visitor, it is a violation of visitor status to attend schooling. The filing of an I-130 petition alone does not insulate you from a potential violation. Once you file for his I-485, the law in essence freezes his status from then on even if he begins to attend schooling. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.