Passaic, NJ Immigration Law Firms & Lawyers

There may be "public charge" issues. As for fraud, that normally requires intent. If you intended to commit fraud, then there could be a problem, but, there's also a possible "fraud waiver" that's available to spouses of U.S.A citizens.

For purposes of answering your question, I will assume that your son holds a visiting visa. If your minor son overstayed the period of time on a visiting visa, his visa is automatically canceled even if the date on it has not expired. Technically he would have to seek a new visa from the American consulate before attempting to come to the U. S. If he decides to come on his present visa, there is a large possibility that he will be turned back at the point of entry because of the overstay and that the visa is automatically canceled. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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.

If you did not respond to the NVC for 3 years, your I-130 was probably cancelled and you will need to file it again with USCIS. If you entered the US with a passport, the I-485 can be filed at the same time. If not, you will need to get the approved I-130 package transferred to the NVC before you can apply for the waiver.