Ypsilanti, MI Immigration Law Firms & Lawyers

Although your husband may end up in removal proceedings, if he is a Lawful Permanent Resident he will not be removed based on a conviction for disorderly conduct alone. He will likely have a defense available and may not be charged. As a naturalized citizen you do not have to worry. I would recommend that you speak with a competent immigration lawyer sooner than later to better understand his options.

You will most likely be put into secondary inspection because of the frequent trips, but if you have sufficient evidence of a job and home in Australia, they should let you in. Be prepared to provide detailed evidence of who you intend to visit and how you can stay in the U.S. for so long without working.

You will have to decide whether avoiding that cost of buying a new ticket is worth the consequences.  Overstaying your visa may result in being placed in removal proceedings, though that is unlikely unless you are detained by law enforcement for some other reason (such as a routine traffic stop).  Overstays less than 180 days have no direct consequences, but when evaluating your risk for overstaying in the future (such as when deciding to issue another visa), the overstay can be taken into account and your visa application may be denied.  When you try to enter the US later, even under the VWP, the border patrol may refuse you entry because of their concern that you would overstay yet again since you did it before.  You may be able to make a short trip to Mexico or Canada and re-enter to start a new 90-day period of stay and then return on your originally scheduled flight.