Jackolantern
Registered Users (C)
Your priority date is in December 2006, but next month they will just be reaching August 2005 in the first preference category. You have to wait for them to reach the end of December 2006.
But as an over-21 son of a USC, you are not eligible to file AOS when present in the US illegally, regardless of priority date. As a result of overstaying by more than a year, you will be banned from the US for 10 years starting the day you leave.
Waivers are extremely difficult to get. You have to prove that there will be "extremely unusual" hardship to a US citizen or permanent resident if you are not allowed to stay in the US. Your own hardship is irrelevant. And the standard for "extremely unusual" is indeed extreme. The kind of cases that succeed are those like where there is a severely ill or disabled citizen relying on the immigrant for everyday care and they would die or suffer severely if the immigrant left.
But as an over-21 son of a USC, you are not eligible to file AOS when present in the US illegally, regardless of priority date. As a result of overstaying by more than a year, you will be banned from the US for 10 years starting the day you leave.
Waivers are extremely difficult to get. You have to prove that there will be "extremely unusual" hardship to a US citizen or permanent resident if you are not allowed to stay in the US. Your own hardship is irrelevant. And the standard for "extremely unusual" is indeed extreme. The kind of cases that succeed are those like where there is a severely ill or disabled citizen relying on the immigrant for everyday care and they would die or suffer severely if the immigrant left.