1. What is Form I-539?
Form I-539 is an application form used by nonimmigrants in the United States who wish to extend or change their nonimmigrant status. It is commonly utilized by individuals such as students, tourists, and temporary workers who need to prolong their stay or switch to a different nonimmigrant category. The form requires detailed information about the applicant, their current immigration status, the reason for the extension or change, and supporting documentation to substantiate the request. Submitting a properly completed and accurate Form I-539 is crucial for those seeking to remain lawfully in the U.S. beyond their initial authorized period of stay. It is recommended to carefully review the form instructions and seek legal guidance if needed to ensure a successful application process.
2. Who can file Form I-539?
Form I-539, Application to Extend/Change Nonimmigrant Status, can be filed by various individuals in the United States, such as:
1. Nonimmigrants who are currently in the U.S. on a temporary nonimmigrant visa and wish to extend their stay beyond the expiration date of their authorized period of admission.
2. Dependents of primary nonimmigrant visa holders who are seeking to extend or change their nonimmigrant status, such as spouses and children.
3. Individuals who are maintaining a lawful nonimmigrant status and are eligible to change to a different nonimmigrant status.
4. Certain nonimmigrants who are seeking to reinstate their nonimmigrant status due to a violation.
It’s important to carefully review the eligibility requirements and instructions provided by the U.S. Citizenship and Immigration Services (USCIS) before filing Form I-539 to ensure that the application is completed accurately and submitted on time.
3. What are the common reasons for filing Form I-539?
The Form I-539 is typically filed for various reasons related to nonimmigrant status in the United States. Some common reasons include:
1. Extension of Stay: One of the primary reasons for filing Form I-539 is to request an extension of stay for individuals who are already in the U.S. on a nonimmigrant visa and wish to stay longer than their authorized period.
2. Change of Status: Another common reason is to request a change of nonimmigrant status, such as switching from one visa category to another, for example from a tourist visa to a student visa.
3. Dependent Visa: Form I-539 may also be filed by dependents of nonimmigrant visa holders, such as spouses or children, to apply for a dependent visa status that allows them to remain in the U.S. with the primary visa holder.
Overall, the Form I-539 serves as a crucial tool for individuals to maintain their legal status and continue their stay in the United States for various purposes.
4. What is the filing fee for Form I-539?
The filing fee for Form I-539, Application to Extend/Change Nonimmigrant Status, is $370. However, additional fees may apply depending on the nature of the request. For example, biometric services fees may be required for certain nonimmigrant categories. It is essential to verify the most up-to-date fee information on the official website of the U.S. Citizenship and Immigration Services (USCIS) before submitting the application to ensure accurate payment and processing.
5. How long does it take to process Form I-539?
The processing time for Form I-539 – Application to Extend/Change Nonimmigrant Status varies depending on several factors such as the current caseload at the USCIS office processing the application and the type of nonimmigrant status being requested. As of the latest information available, the USCIS website indicates that the processing time for Form I-539 is approximately 7.5 to 12.5 months. However, it is essential to note that these processing times are subject to change based on the volume of applications received and any external factors affecting USCIS operations. It is advisable for applicants to regularly check the USCIS website for updates on processing times and to submit their applications well in advance to account for potential delays.
6. Can I file Form I-539 online?
Yes, currently, you can file Form I-539 online if you are applying as a single applicant and plan to extend or change your nonimmigrant status. The online filing option is part of the USCIS Electronic Immigration System (USCIS ELIS) and is available for certain categories of applicants. Here’s what you need to know about filing Form I-539 online:
1. To file online, you must create a USCIS online account.
2. Before you start your application online, make sure to review the eligibility requirements and needed supporting documentation.
3. Online filing can streamline the application process and may result in faster processing times compared to filing by mail.
4. Remember that not all applicants are eligible to file Form I-539 online, so it’s important to check the USCIS website for the most up-to-date information on online filing options.
7. What supporting documents are required to file Form I-539?
When filing Form I-539 to extend or change nonimmigrant status in the United States, several supporting documents are required to accompany the application. These documents typically include:
1. Form I-539 itself, completed and signed by the applicant.
2. Filing fee or a fee waiver request, if eligible.
3. A written statement explaining the reasons for the extension or change of status.
4. Evidence of current immigration status, such as a copy of the applicant’s most recent Form I-94.
5. Passport biographical page copies for the applicant and any dependents included in the application.
6. Supporting evidence specific to the type of requested extension or change, such as a job offer letter for those seeking to extend based on employment, or educational documents for students seeking to extend their status.
7. Any additional documents requested on the Form I-539 instructions or by the USCIS.
It is essential to carefully review the specific requirements outlined in the Form I-539 instructions to ensure all necessary supporting documents are included in the application package. Failure to submit required documentation may result in delays or denial of the application.
8. Can I travel internationally while my Form I-539 is pending?
If you have filed a Form I-539 to extend or change your nonimmigrant status in the United States, your ability to travel internationally while the application is pending depends on your specific immigration situation. Here are some important points to consider:
1. Travel on the existing nonimmigrant status: If you have a valid nonimmigrant status and have not violated the terms of your status, you may be able to travel internationally while your Form I-539 is pending. However, it is essential to consult with an immigration attorney or your designated school official (DSO) to understand any potential risks or implications of international travel during this period.
2. Travel on a pending change of status application: If you have filed for a change of status through Form I-539 and plan to travel internationally while the application is pending, your pending application may be considered abandoned. In such cases, it is generally recommended to avoid international travel until a decision is made on your Form I-539 to prevent any negative consequences on your immigration status.
3. Exiting and re-entering the U.S.: If you do choose to travel internationally with a pending Form I-539, it is essential to be aware that leaving the U.S. before a decision is made on your application may result in complications upon re-entry. Customs and Border Protection officers at the port of entry have the authority to determine whether you can re-enter the country based on your pending application.
In conclusion, while there may be certain circumstances where international travel is possible during a pending Form I-539, it is crucial to assess the risks and implications to your immigration status before making any travel plans. Consulting with an immigration attorney or relevant immigration authorities can provide you with guidance tailored to your specific situation.
9. Can I work in the United States while my Form I-539 is pending?
1. In general, individuals who have filed Form I-539 to extend or change their nonimmigrant status in the United States are not eligible to work while the application is pending unless they have a specific authorization allowing them to do so.
2. The restrictions on employment usually continue until the application is approved, and the individual receives the new status that allows them to work legally.
3. It is crucial for applicants to adhere to these rules to avoid violating their immigration status and facing potential consequences such as being deemed out of status or being subject to removal proceedings.
4. If an individual needs to work while their Form I-539 is pending, they should explore options for obtaining appropriate work authorization through a separate application process or consult with an immigration attorney for guidance on their specific situation.
10. Can I appeal a denied Form I-539?
Yes, if your Form I-539 application to extend or change your nonimmigrant status is denied by the U.S. Citizenship and Immigration Services (USCIS), you may have the option to file an appeal. Here are some key points to consider if you wish to appeal a denied Form I-539:
1. Review the denial notice: Make sure to carefully read through the USCIS denial notice to understand the reasons for the denial of your application. This will help you determine whether you have grounds for appeal.
2. Check appeal eligibility: Not all USCIS decisions can be appealed. In general, you can appeal a denial of a Form I-539 if the USCIS made an error in interpreting the law or if there were factual errors in the decision.
3. File Form I-290B: To appeal a denied Form I-539, you will need to file Form I-290B, Notice of Appeal or Motion, within the specified timeframe indicated in your denial notice. Include all necessary supporting documents and a detailed explanation of why you believe the denial was incorrect.
4. Seek legal assistance: It may be beneficial to consult with an immigration attorney or an accredited representative to help you navigate the appeals process. They can provide guidance on the best course of action and help you present a strong case for appeal.
5. Be prepared for the appeal process: Appeals can be complex and time-consuming. Be prepared for additional delays and follow all instructions provided by USCIS during the appeals process.
Overall, appealing a denied Form I-539 is possible, but it requires careful consideration of the reasons for the denial and diligent preparation of your appeal package.
11. Can I include my family members on the same Form I-539 application?
Yes, you can include your family members on the same Form I-539 application if they are also seeking to extend or change their nonimmigrant status in the United States. When filing Form I-539 for your family members, you must ensure that their information is accurately provided and all required supporting documentation is included for each individual. It is important to note that each family member included on the application must meet the eligibility requirements for the requested extension or change of status. Additionally, separate applications should be filed for each family member if they are seeking different immigration benefits or statuses. When filing for multiple family members on the same Form I-539, make sure to clearly indicate the relationship between the principal applicant and the dependents being included in the application.
12. What is the difference between extending and changing nonimmigrant status on Form I-539?
Extending nonimmigrant status on Form I-539 refers to requesting additional time to stay in the United States under the same nonimmigrant status you currently hold. This usually involves extending the expiration date of your authorized stay without changing the purpose of your visit or the type of visa you hold. Changing nonimmigrant status, on the other hand, involves requesting a switch to a different nonimmigrant category while already in the U.S. This could mean transitioning from a visitor visa to a student visa, or from a tourist visa to a work visa. When extending your status, you are essentially prolonging your stay within the same parameters, while changing status involves shifting to a different legal classification. Both processes require submitting Form I-539, but the associated requirements and documentation may vary significantly depending on whether you are seeking to extend or change your nonimmigrant status.
13. Can I file Form I-539 if my current status has already expired?
Yes, you can file Form I-539 to extend or change your nonimmigrant status in the United States even if your current status has already expired, as long as you meet certain conditions:
1. You must have filed the Form I-539 before your authorized stay expired.
2. You must be able to demonstrate that the delay was due to extraordinary circumstances beyond your control.
Provided you meet these requirements, U.S. Citizenship and Immigration Services (USCIS) may consider your application even if your current status has expired. It is important to consult with an immigration attorney or expert to assess your individual situation and advise you on the best course of action.
14. Can I apply for a different visa category using Form I-539?
No, Form I-539 is specifically used for individuals currently in the United States on a certain nonimmigrant visa status who wish to extend or change that same status, rather than switch to a completely different visa category. If you are looking to change to a different visa category, you would typically need to file a separate application form that aligns with the specific visa category you are seeking. Each visa category has its own set of requirements, documentation, and procedures, so it’s important to carefully review the guidelines for the particular visa you are interested in before submitting an application. If you are unsure about the process or requirements for changing to a different visa category, consulting with an immigration attorney or a qualified immigration professional could provide you with the guidance you need.
15. Can I apply for a Green Card using Form I-539?
No, you cannot apply for a Green Card using Form I-539. Form I-539 is specifically used for requesting an extension or change of nonimmigrant status within the United States. If you are seeking to apply for a Green Card, also known as lawful permanent residency, you would need to go through the appropriate application process based on your eligibility category, such as marriage to a U.S. citizen, employment sponsorship, family sponsorship, refugee or asylee status, or other approved immigration pathways. The correct form to apply for a Green Card is typically Form I-485, Application to Register Permanent Residence or Adjust Status. It is important to ensure that you are using the correct form and following the proper procedures for your specific immigration goals.
16. What happens if my Form I-539 is approved?
If your Form I-539 is approved, there are several implications and outcomes that you can expect:
1. Extended stay: Once your Form I-539 is approved, you will be granted an extension of your nonimmigrant status in the United States.
2. Updated I-94: You will receive a new I-94 arrival/departure record reflecting the extended period of stay allowed by your approved Form I-539.
3. Legal status: Being granted an extension means that you can lawfully remain in the U.S. beyond your original authorized period of stay.
4. Continued eligibility: You must continue to meet the requirements of your nonimmigrant visa category during the extended period to maintain lawful status.
It is important to abide by the terms and conditions of your approved extension to avoid any potential immigration issues in the future.
17. What happens if my Form I-539 is denied?
If your Form I-539 is denied, several things could happen:
1. You will receive a denial notice from the U.S. Citizenship and Immigration Services (USCIS) explaining the reasons for the denial.
2. Your current nonimmigrant status may expire before you are able to file a new application or take other action.
3. You may be required to leave the United States if your current authorized stay has expired and you do not have any other legal status.
4. You should carefully review the denial notice to understand the reasons for the denial and whether there are any options for appeal or re-filing the application.
It is crucial to act promptly and seek advice from an immigration attorney or qualified representative to understand your options moving forward and to address any potential implications on your immigration status.
18. Can I reapply for Form I-539 if it is denied?
Yes, if your Form I-539 application is denied, you can reapply for the same benefit, but it is important to understand the reasons for the denial before submitting a new application. Here are some steps you can take if your Form I-539 is denied:
1. Review the denial letter: Carefully read the denial notice to understand the reasons for the denial. This will help you address any issues in your new application.
2. Consult with an immigration attorney: If you are unsure about the reasons for the denial or need assistance with reapplying, it may be helpful to consult with an immigration attorney who can provide guidance on how to proceed.
3. Provide additional evidence: If the denial was due to lack of sufficient evidence or supporting documentation, make sure to include all required documents with your new application.
4. Correct errors: If the denial was due to errors in the application, ensure that all information in your new application is accurate and complete.
5. Submit a new application: Once you have addressed the issues that led to the denial, you can submit a new Form I-539 application with all the necessary supporting documents.
Remember that each case is unique, so it is important to carefully review the specific circumstances of your denial and take appropriate steps to increase the chances of approval in your reapplication.
19. What are some common mistakes to avoid when filing Form I-539?
When filing Form I-539, it is important to avoid common mistakes to ensure the smooth processing of your application. Some common errors to steer clear of include:
1. Not submitting the correct fees: Make sure to check the current fee for filing Form I-539 and include the correct payment with your application.
2. Missing signatures: Both the applicant and the preparer, if any, must sign the form where required. Failure to do so can result in a rejection.
3. Incomplete information: Fill out all sections of the form accurately and completely. Leaving out required information can lead to delays in processing.
4. Filing too early or too late: Submit your Form I-539 within a reasonable timeframe before your current status expires. Filing too early or too late can result in complications.
5. Not including required supporting documents: Ensure you provide all necessary supporting documentation to substantiate your request for an extension or change of status.
6. Sending the application to the wrong address: Double-check the mailing address provided in the instructions and send your Form I-539 to the correct USCIS office.
By being mindful of these common mistakes and taking care to accurately complete and submit Form I-539, you can increase the likelihood of a successful outcome for your application.
20. How can I check the status of my Form I-539 application?
To check the status of your Form I-539 application, there are a few options available to you:
1. Online: You can check the status of your Form I-539 application online using the USCIS website. By entering your receipt number, you can track the progress of your application and see any updates or requests for additional information.
2. Phone: Alternatively, you can call the USCIS National Customer Service Center at 1-800-375-5283 to inquire about the status of your application. Be prepared to provide your receipt number when speaking with a representative.
3. In-person: If you have submitted your application at an USCIS Application Support Center, you may also inquire about the status of your Form I-539 application in person. It’s advisable to schedule an InfoPass appointment beforehand to ensure that a USCIS officer is available to assist you.
By utilizing these methods, you can stay informed about the progress of your Form I-539 application and address any issues promptly.