You are exactly in the same situation as me. Did you get a chance to read my thread
here
I was told when USCIS denied my AOS that I would have to leave the country immidiately. I was so panic and I know exactly how to be in that situation. I'm so scared that I would be deported if I don't leave and try to overstay. I don't want to leave my husband and I was afraid that if I do I wouldn't be able to come back. But this is what I learn so far...
1. If you are married to a USC, your overstay is forgiven.
2. Deportation usually happen if you commit a crime or harm the country. One of the lawyers said "it always seems likely that if you don't cause any trouble, they won't cause you any trouble." So, just hang low. It takes a long time to fix the problem and that time is so painful, but things will work out.
3.You have 30 days to file motion to reopen although USCIS told me all along that I can't because they said that my only choice is to leave the country if I'm subject to 2 years HRR. I fight so hard for it because I know that I'm not subject and the rule was issue to me in error.
4. Now let's say that you missed that 30 days to file MTR, you can always refile I-485. That'll buy you more time and it cost about the same amount of money if you file MTR. The disadvantage is you just have to do everything all over again. ( ...oh...you can use the same medical exam result though...just make a notation for them to refer to the first one if it's within one yr.)
5. Like I said in the other thread that you post, you should better try to get "advisory opinion" first. There, they'll look at whether au pair is in the skill list of your country or receive any government fund. And if you keep looking at these two grounds million of times, you'll know that au pair shouldn't be subject to 2 yrs HRR. That's how I was confident that the rule was given to me in error. But unluckily, you just have to have the document in writting. And the only people who can fix that notation for you is DOS. So, get started there.
6. Hardship is always a hard one. My lawyer would use that as a last choice if all the ways that we can possible try don't work out. But like I said, you don't even need to get a waiver if you are not even subject to the rule. If you have time and not in a hurry to get it done, why not try advisory opinion first, and if it still say that you are subject (but again chance is low that you are really subject), look for another way to get a waiver. Advisory opinion doesn't cost anything and it's probably the best way to start your case.
Good luck.
