Attn: please help LPR mother petition for child

[Beachbums196]

My minor child is with me in the states On b2 visa. I-94 is expiring Soon. It'd take me almost 4 years to become USC coz i've just spent a long period of time outside of the states (w reentry permit). Also going back and forth to keep my LPR status and be with my kid doesnt help me in any way.
I gained LPR through marriage with my first husband but got divorced and the child was from the second marriage with a non us citizen or LPR and was born in his home country.
My lawyer said i just needed to file for his visa extension after i-130 got approved, then just waited for the date becoming current to file i-485. Is it true? Many said his visa extention would be denied more than likely.
If not, what should i do? I have a sole custody of him after a long court battle (2nd divorce unfortunately). If i leave him at his home country and do Consular processing way, i'd loose my custody. I do not wish to be away from him either since hes very young. Over 2yrs old to gain a greencard at POE with mother on her 1st trip back after giving birth though (i didnt know about this before)
Another suggestion is:
"You and him would stay in the U.S. He would stay illegally after his I-94 expires. He would wait for the priority date on the I-130 petition to become current, and go through Consular Processing. Part of the Consular Processing would require him to be in his home country, and you would accompany him for this part. Consular Processing should normally take no more than a few months, so this should not be so long as to affect your green card. He would not have a 9B ban upon leaving the U.S., because people under 18 do not accrue unlawful presence for the purposes of 9B. So his Consular Processing should be straightforward.

There is the risk that he would get deported somehow in the meantime (though unlikely). And as with Consular Processing there is always the risk they will deny the visa even though they shouldn't (and there is limited recourse to appeal a visa denial). But if there is no other option this is worth a shot."
--> how about this option? Is it doable? Is there any great chance that he would face a 9B ban or a visa denial at the counsular?
Please please please help me on this case. It seems like seeking a lawyer doesnt help much when he gives me a wrong path for a positive outcome.

 

[Jackolantern]

The B2 extension would be 99% surely denied, given that he has an LPR mother. And such denials may soon be followed by removal proceedings.

If you're not going to remove him from the US before his I-94 expires, your other options are to file I-130 and go abroad for Consular Processing after the I-130 is approved, or wait until you are a US citizen and then file I-130 + I-485 while he remains in the US. Given that your US citizenship is 4+ years away, the CP should be 2-3 years quicker.

Assuming he is still under 18 at the time of Consular processing and hasn't committed any crimes, I can't think of any reason why they would deny it unless his father files something to attempt to get custody and the court prevents your child from leaving that country until the custody dispute is resolved, or your child picks up a contagious disease which is on the list of diseases that would exclude people from the US.

 

[Beachbums196]

If you're not going to remove him from the US before his I-94 expires, your other options are to file I-130 and go abroad for Consular Processing after the I-130 is approved.

Is this the same option as the last one in my post? Would he face 9b ban for staying illegal in the states? Would they deny him at CP interview because of this since staying illegal would be considered as crime?