North Plainfield, NJ Immigration Law Firms & Lawyers

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.

Visa allows you to enter the U.S., it doesn't allow you to stay in the U.S. That is when I-94 comes into play. If you overstayed your status per I-94 card leave as soon as possible in order to avoid inadmissibility issues. You cannot extend your status (I-94) since you've overstayed it. In order to file for extension of status one has to be present in a lawful status in the U.S.