Hi @jawad,
When a child in born in Germany to parents who are in the asylum procedure, then there is the option to file an individual asylum application for the child or await the decision of the parent’s case (this decision also then applies to the child). As you have filed an asylum application for your child, this case will have to be heard in full before a deportation takes place. As you have received two different legal opinions from two different lawyers, I would say the situation depends on a case-by-case basis as to whether the child’s case is heard together or separately to the parents. If your case if heard first then you should be given a Duldung until your son’s case has been conclusively decided.
Here some information from the BAMF website:
Once the parents have filed an asylum application, their application also applies to minor-age unmarried children who are in Germany at that time. If a minor-age unmarried child subsequently enters Germany, or if a child is born here after the parents have filed an asylum application, the parents, at least one of whom must still be undergoing the asylum procedure, or the immigration authority, should inform the Federal Office of the birth. An asylum application is thus also regarded as having been filed for the child. The parents can put forward their own reasons for asylum for their child. If they do not do so, the parents' reasons apply. Here too, appeals are available should the Federal Office reject the application.
If the parents’ application has already been decided on, children who were born in Germany receive their own notice. The following applies if the application is rejected: In order to protect the child, minor children may not and will not be returned separately from their parents if the application is turned down.
https://***.bamf.de/EN/Themen/AsylFluechtlingsschutz/FamilienasylFamiliennachzug/familienasylfamiliennachzug-node.html
Kind regards,
Éanna