An alien who enters the United States as a tourist and then files for a Green Card could be considered to have committed fraud under the doctrine of preconceived intent if the immigrant petition is filed within 60 days of entry. Also, waiting to be able to file the I-485 application with the EAD when the priority date become current does not entitle the alien to remain legally in the U.S.

An alien tourist starts to accrue unlawful presence after the expiration date of the I-94 card, and another B-2 status extension is not likely to be approved after filing an immigrant petition, since the tourist nonimmigrant intent clashes with the intention to file for permanent residency in the U.S.