Big Pine Key, FL Immigration Law Firms & Lawyers

If your parents became United States Citizens when you were under 18, you are a citizen Alan Diamante California State Bar Certified Specialist in Immigration and Nationality Law LAW OFFICES.

As a U.S. citizen, you can petition for your son (assuming you and your son meet all eligbility requirements). However, there are significant wait times for visa availability for adult sons/daughters (length of the wait depends on what country he is from). If he had an approved petition and a visa number available (again, this would take time), he could possibly consular process with a waiver (based on hardship to his US citizen parent).  I say possibly because he would have to make sure he is not subject to any other bars that would prevent visa issuance and he would have to be able to prove hardship to you. Your son is most likely barred from adjusting his status because he has been accruing unlawful presence since he turned 18 (unless something has been tolling his unlawful presence). I'd also look into the possibility of 245i grandfathering. Your son's situation is complicated and it would be worth consulting with an experienced immigration attorney to see what, if any, options may be available to him.

You can commence legal divorce proceedings. As long as you have an address for him where he can be served, you can go ahead and file for dissolution. You will give a petition and the sheriff or a process server will serve him with the divorce papers. Once he is served, ha has 20 days to respond or all you asked for in the petition is deemed admitted. If he does not answer or take any action (which most likely he will), the judge will enter the appropriate orders in your case, such as child support orders and dissolution of marriage. If you cannot find him after trying to look for him through due diligence, then you may be able to file for divorce, serve his by publication and this way get a divorced. However, this way a judge will not be able to enter a child support order and thus this aspect of the case will remain pending until the court can find him. The above is only general information and shall not be construed as legal advice. It is always recommend you consult with an attorney to review all the details of your case.