If we're talking about a PERM labor certification case, then the attorney is correct - the DOL prohibits the foreign national beneficiary from paying for any part of the PERM case: legal fees or advertising. The employer could be in enormous trouble for accepting reimbursement from you for anything it pays for a PERM. A PERM requires a job offer - the employer must be the petitioner.
There are other ways to petition for permanent residence based upon employment which don't involve a PERM...
I completely agree with my colleague - it's possible in theory, since not only are you out of status but the SEVIS system is set up to notify ICA (Immigration and Customs Enforcement) when you fall out of status.
That said, absent a criminal issue (and especially if a reinstatement shows as being filed), they aren't likely to expend the manpower in most cases. Possible, just unlikely.
Speak with an attorney for further guidance.
It isn't entirely clear what you mean here by "sponsor" - do you simply mean providing financial support as a joint sponsor on an Affidavit of (financial) Support, or do you actually mean sponsoring someone's immigration case?
In either event, I recommend speaking with an immigration attorney - even for financial-only sponsorship, there are two possible forms, with one carrying very serious legal obligations for the sponsor.
If you are discussing something more than just providing...
I agree with my colleague - you need to speak with an attorney.
You may be able to process here rather than abroad, but 1) there may be issues as well as timing/travel concerns with doing it and 2) the principal (main beneficiary of the petition - here your mother) would need to have processed for a green card before derivatives (yourself/siblings).
Speak with a lawyer.
You need to speak to an attorney about this - many issues here.
First, while there is no time limit before you can file, a divorce so relatively soon after you received the ten-year card and remarriage are likely to trigger suspicions about the validity of the first marriage; your situation needs to be evaluated.
Further, a petition by a permanent resident is very different than one by a citizen - a lapse in status by your new spouse would not be forgiven allowing adjustment of status in...
If you are the citizen here, you can write a letter to USCIS explaining and include a copy of the Receipt Notice (or at least the case number). Doesn't mean your husband can't still remove conditions, just that it will be without your help (and more difficult).
If he was the US citizen, you need to speak with an attorney - quickly.
Would you really trust a "cheap" lawyer with something this important?
You need to at least go for a consultation with a qualified immigration lawyer - most consultations are at least reasonable - to figure out what's going on here. It really isn't clear from your question what you mean by "extended for 90 days for the last four years" or why you got the Notice to Appear.
You need to explain this in greater detail in a meeting with an actual attorney.
What isn't clear is 1) Exactly what the grounds for the first deportation were (if the crime, was this deemed an aggravated felony?), 2) whether the first "deportation" was a complete one, with him leaving at the end (or did he just get an order of removal and never leave)? and 3) if so, how he came back after the first deportation.
If an aggravated felony, there's no way to get back absent a collateral...
I would be very, very careful about doing something like this and speak with an attorney about your options.
First, the practical issue: if you are on OPT now, you have less than one year left. Assuming your business does well (and I hope it would), what is your plan once the OPT runs out from a visa/immigration perspective? How would you remain here to run the business?
Now, the legal issues:
Starting your own company on OPT is highly questionable. While OPT is not employer-...