Legal Question in Immigration Law in Florida

Congratulations! Your wife does not have to wait until she becomes a citizen to apply for adjustment of status for her son. He should NOT leave the United States, though, until he becomes a lawful permanent resident, which could take around two (2) years after you petition for her and she applies for the two (2) of them to adjust status. If your wife's son is also a visa overstay, it is unlikely that he would be able to apply for and receive another visa to reenter the United States. When you petition for your wife and she applies for adjustment of status including her son, then his chances may be better. He could then apply for Advance Parole, but that is not a guarantee he would be readmitted. I would recommend that he not leave the United States until he and his mother receive their lawful permanent residence, "greencard," status. If he goes back to Russia now, he may not be able to return to the States for many years.