Son situation

[immihelp]

Dear Immihelp,

Me and my children, ages 19 & 20 came here in Texas, USA on Nov. 3, 2007 thru
K-1 and K-2 visas. My son turned 21 on Nov 24, 2007 and i got married on Dec. 1, 2007.
We processed our adjustment of status on April, 2008. Me and my daughter got our green
card but denied my son due to the reason of his age (21). I filed my petition for him last
July, 2009 as per Immigration local Office of Houston advice. My question is :

1. Is it ok if he stay here in US while waiting for the approval of I-130 (his I-94 is
already expired) and file I-485 accordingly.

Please advise, my son has nowhere to go in Philippines.

God Bless and thank you.

[immihelp]

It is not OK until the priority date is current and you can file I-485 for him.

[immihelp]

Dear Immihelp,

Thank you so much for the reply, i really appreciate for your time.
One more thing, can you please suggest the best thing i could do regarding
his situation. Shall i send him back to Philippines? I believe he will get the 10
year ban.

Please advise again and may God Bless your organization, you help a lot
of needy people.

[immihelp]

I suggest he go back.