Im here in USA as a tourist and out of status now can i apply for students visa ?

Question

Im here in USA as a tourist and out of status now can i apply for students visa ?

Answer 1

Student visas can only be applied for while in one's country of citizenship.  After you are accepted by a university and get the I-20 form, you submit your student visa application to the nearest US consulate.  You will need to prove you have sufficient funds to pay all of your student expenses (tuition, fees, books, etc.), plus all of your living expenses plus your transportation home upon completion or termination of studies.  

Student visas are issued on the condition that the student will return to their country of citizenship upon completion or termination of studies, or upon violation of any visa terms.  These are not immigration-class visas and it is not possible to file for change of status while holding a student visa.  Failure to return home is a violation of visa conditions which can affect any future visa application.

But your actions have now made it impossible for you to ever get a student visa -- you ruined your chances, so don't even think of blaming someone else.  The fact that you overstayed your tourist visa means you are an illegal alien.  Thus you have rendered yourself ineligible for a student visa.  

Go home.  The longer your time out of status, the longer your bar to re-entry.  If you return home immediately and voluntarily, you might get a shorter ban than if you are deported.

Answer 2

Since you're out of status you'll have to go back where you belong first.  Then, you register as an international student with a college or university.  They will send you an I-20.  You use the I-20 to apply for an F-1 visa at the US embassy in your country.

Of course, if you've been out of status more than a few days you will have no chance of getting the F-1 student visa.

Answer 3

In order to change status from one nonimmigrant classification to another, you must be maintaining the status from which you want to change. So, the answer is no. You are not eligible for a change of status.

You are probably accruing unlawful presence with every passing day. You really have nothing to gain by prolonging your illegal status. You are subject to arrest and deportation everyday that you remain in the U.S.

You may go undetected, or you may eventually be discovered.