There is a risk that the U.S. Consulate will deny your application for a visitor visa. A B2 tourist visa is a nonimmigrant visa. By submitting Form I-130, you are applying for an immigrant visa. If the U.S. consulate believes that you are applying for a B2 visitor visa for the purpose of immigrating to the U.S., the consulate will deny your application for a tourist visa. Applying for a tourist visa will not affect your application for an immigrant visa.
If you cannot leave the U.S. before your period of authorized stay expires, you may apply to extend your B-2 visitor status. However, to do so, you must submit the correct form and all required evidence. You must also file your application to extend your stay before your six-month authorized period expires.
If you remain in the U.S. longer than the time allowed, you will begin to accrue unlawful presence. If you leave the U.S. after accruing unlawful presence, you may be banned from returning for either three years or ten years. If you accrued more than 180 days but less than one year of unlawful presence during a single stay in the U.S., you will be barred from reentry for a period of 3 years. If you accrue more than one year of unlawful presence, you will be barred from reentry for a period of 10 years.
Yes, you can apply to change your B2 status into an F1 status. However, to attend this school and change your nonimmigrant status, you must meet the following criteria before filing Form I-539, Application to Extend/Change Nonimmigrant Status.
If your student status expires before you leave the U.S., you will begin to accrue “unlawful presence” for each day that you remain inside the U.S. To avoid this from happening, you can apply to change your visa status from an F1 student to a B2 visitor. To qualify for a change of visa status, you must submit the following to USCIS.