Unfortunately, an approved I-130 petition does not give your son any kind of legal status in the U.S. He should consider leaving the U.S. If he stopped attending classes less than 180 days before leaving the U.S., he will be able to receive an immigrant visa when his priority date becomes current. If he stays in the U.S. without a legal status for more than 180 days but less than 1 year, he will be ineligible for a visa for 3 years; if his unlawful presence in the U.S. will be over 1 year, he will not be able to get an immigrant (or any other) visa for 10 years. Considering that his priority date will not become current for, at least, 7 years (8 years if you do not become a U.S. citizen), it might be the best for your son to wait for it outside the U.S. If he stays in the U.S. illegally, he will not be able to adjust status on the basis of your I-130 petition when the priority date becomes current.
Answered on Feb 25th, 2013 at 8:25 PM