Thanks for the fast reply. just to provide full info here to get the best answer. 2 years ago i did apply for him I-130 but he got married last year then 3 months after that he got his interview at the US consulate but we had to cancel it, since he got married and i was on green card. so his case was no longer valid.
if i applied for him while he is here now then he will have a pending case. would that help him to stay legally while they make the final decision on his case?
I am a us citizen in the US, and my married son in the US on visitor visa. can i apply for him Form I-130, Petition for Alien Relative while he is here? or does he need to go back and start the process where he lives?