It sounds like you need a lawyer. You have not given enough information to be able to answer your question. If you are having a second interview on your I-485, it is sometimes an indication that there is something wrong or potentially wrong in your case.
In the past, this would not have been a problem. The government has recently changed its interpretation of the statute and regulations, so it may be a problem. I am involved in AILA's efforts to get the government to follow the plain language of the statute and regulations and to give effect to the purpose of the J-1 program. You need to work closely with an attorney who has experience in this area as there may be other options available to you.
Immigration court proceedings carry serious consequences. If she is not sure about what she wants to do and the consequences of her various options, she should consult with an experienced attorney. Failing to appear for a removal hearing carries very serious penalties.
These are complicated questions that can best be answered by having a one-on-one meeting with an experienced attorney, where the attorney can review your paperwork and ask you specific questions about your immigration history and goals.
You cannot file an I-485, or an immigrant visa at a U.S. consulate abroad, unless you meet certain requirements. Among those requirements is that the priority date on the I-130 petition has to be current. There is not enough information to determine this. You can find the current visa bulletin here: http://www.travel.state.gov/visa/bulletin/bulletin_6028.html.
Also, keep in mind that many visas require nonimmigrant intent. Roughly stated, this means that you have to have a foreign...
If you do not have valid immigration status, you could be removed regardless of your immigration history, unless you are eligible for and obtain lawful status or relief from removal. It is better to talk to an attorney early in the process to begin laying the groundwork for your case.
He needs to complete the immigrant visa process. He should not reenter the U.S. without the visa because that could create other, even more serious, bars to his admission.
What steps he needs to take depends in part on how long it has been since his visa interview.
The I-765 is an application for employment authorization. There are several dozen different eligibility grounds for this application. You should speak with an attorney about your husband's eligibility for employment authorization and his immigration options in general.
The answer is yes - even if a prior waiver application is denied, the new waiver application can be approved. It depends on the reasons for the denial and the strength of the new application. When clients come to us with denials of applications they prepared on their own or with the help of another attorney, we help them identify the areas where the new application can be improved.