You will definetely need to retain an experienced immigration attorney to help you in this matter. Fraud is a very serious charge in immigration and may carry severe consequences against you. Your attorney will have to review your file to confirm your version of the events and vigorously challenge the USCIS determination; bearing in mind that the mere filing of an application for a waiver (Form I-601) does not guarantee you will obtain a favorable result.
Since you self deported when you departed from the US while in removal proceedings, you will need to file a Form I-212 to request permission to return to this country. You may also need to file a Form I-601 if you accrued more that 6 months of unlawful presence in the US. Both of these applications require knowledge and experience in immigration law. You will need to hire an immigration attorney to help you with your case.
You may not be eligible for adjustment of staus due to the fact that you entered the US without inspection. However, the USCIS is now considering allowing foreign nationals, immidiate relatives of US citizens, to file applications for waivers of unlawful presence inside the United States; prior to processing their immigrant visas before the US consulate; thus avoiding long term separations. Contact an immigration attorney.
As a general rule, a foreign national must be in lawful status on the date of filing of the application for adjustment of status. An exception to this rule allows spouses of US citizens to adjust even after failing to maintain lawful immigration status. Despite of this, I would not recommend her quit her job and abandon her H-1B until the time shall come that she becomes a lawful permanent resident.
Your husband may be subject to a 3-10 year bar from readmission upon having accrued unlawful presence in the US, and self deported upon departing from the US while in removal proceedings. Most likely he will be required to file a Form I-601 and an application for permission to return to the US after deportation. He will need an immigration attorney.
You will need to contact an immigration attorney to analyze in detail your academic and professional background and elaborate a viable immigration solution. Bear in mind that you may need to find an employer in the US willing to serve as your sponsor and petiton for a work visa on your behalf; thus allowing you to live and work in this country lawfully. And that repeated arrivals in the US under the visa waiver program may reflect a patern indicactive to immigration officers of your intent to...
I agree with my fellow attorneys. A foreign national must show a non-immigrant intent in order to obtain a student (F-1) visa. And, if you accrued more than 6 months (but less than 1 year) of unlawful presence in the United States after turning 18 years old, you would be barred for 3 years from re-admission in this country. If you accrued more than 1 year (after age 18) , you would be barred for 10 years. Contact an immigration attorney.
It may depend on how you may become a lawful permanent resident (LPR). If you were to acquire LPR status pursuant to the Cuban Adjustment Act of 1966, your Ukrainian husband would then become eligible to adjust his status regardless of his nationality, asuming he also meets the criteria of 1 year and one day of physical presence in the US after inspection. Contact an immigration attorney.
You may subject of an order of removal/deportation entered in your absence/ Contact an immigration attorney and provide him/her w more information such as: how much time of unlawful presence you accrued in the US; and the date of your deportation/removal hearing.
The Cuban Adjustment Act of 1966 (CAA66) applies to the spouse and children of a Cuban (Principal) who obtained his/her residence under the CAA66, regardless of their country of citizenship or place of birth, provided:
a. The relationship continues to exist until the dependent spouse or child adjusts;
b. They are residing with the Principal in the United States;
c. They make an application for adjustment of status under the CAA66;
d. They are eligible to receive an immigrant visa; and