Can i apply for a student visa although i'm already in the u.s. with an expired tourist visa?
Answer:
No, you can't! You have to go back to your country and do that. So, I guess it's time for you to leave.
If your family are there on an expired visitors visa then I would say no and as soon as the authorities find out, they will probably be telling you to pack yer bags and apply through the legal channels.
You are breaking the law overstaying your welcome which is sad because this could all have been avoided if your parents had done the right thing.
You are officially illegal. Just wait and see what they make of this bill. Try to talk to immigration lawyers because I know that no 2 cases are the same when it comes to these things. Good luck!
I really hate to tell you this but you are not in a good position at all. If the US immigration realizes that you are there, you and your family could be deported and denied re-entry. Also, to apply for a visa, you normally have to do so from outside of the country and have an interview in an embassy. I am not an expert on all of the immigration laws, so I would go to a lawyer that specializes in immigration laws. A lawyer might know some technicality or loophole in the law that could help you.
You can't apply for a student visa in the US; visas are no longer issued to people already there. Besides, you would not be allowed to change status from B2 (tourist) to F1 (student) since your B2 status is no longer valid.
You haven't said how old you are. Until you turned 18, you were not considered responsible for your illegal presence in the US. Thus if you are under 18 1/2, you can leave the US and, if you can obtain a valid immigrant or nonimmigrant visa, can re-enter without penalty.
Please don't write about not having committed a crime except staying too long: staying too long IS a crime, just like fraud, theft, or murder...
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