Thanks for all your advice. As far as I know, out of status and unlawful presence are two different things. In my case, I had an out of status, but not unlawful presence (or subject to 3 or 10 year ban), that's why few people advise me to ask voluntary departure and pursue lottery instead. I'm still discussing my options right now, haven't reached a decision yet.
Msodiqus7, I could only advise you to consult few other lawyers. There are few that will give you advice free of charge, try to contact your local USCIS for list of pro bono lawyers in your area. Also there is avvo.com and lawbench.com if you need a quick response (avvo is free, lawbench is $15). Try to expand your knowledge and not just depend on your lawyer. I have learned my lesson.