Form I-539 is one of the most commonly used applications within the United States immigration system. Managed by the U.S. Citizenship and Immigration Services (USCIS), this form allows individuals in certain nonimmigrant categories to either extend their stay in the U.S. or change their visa status without leaving the country. Understanding the process, requirements, and proper documentation is critical for anyone relying https://i539.tw/ on this form to maintain legal status.
What Is Form I-539 Used For?
Form I-539 is officially known as the “Application to Extend/Change Nonimmigrant Status.” It is intended for:
- Visitors (such as those in B-1 or B-2 status) who want to extend their visit
- Individuals seeking to change from one nonimmigrant status to another (e.g., from B-2 to F-1)
- Dependents of principal visa holders, such as H-4, L-2, O-3, and F-2, who wish to extend or change their status
- Reinstatement for certain student visa holders who have fallen out of status
This form is not meant for employment-based status changes. Instead, it is generally used by individuals who are not engaging in work or those who are dependent on a primary visa holder.
Who Can File Form I-539?
The following categories of individuals are commonly eligible to file Form I-539:
- B-1/B-2 visitors
- F-1 or M-1 student dependents (F-2/M-2)
- H-4 spouses or children of H-1B visa holders
- L-2 dependents of L-1 visa holders
- O-3, P-4, R-2, and TD dependents
- Certain individuals seeking reinstatement of their F-1 or M-1 status
Each visa category may have unique filing rules, deadlines, and required supporting evidence.
When to File Form I-539
Timely filing is essential. The best practice is to submit the application at least 45 days before your current I-94 expires. Filing too late may result in a gap in lawful presence, which can lead to denial of future immigration benefits or bar re-entry to the U.S.
If the I-539 is submitted before your current status expires, you are typically allowed to stay in the U.S. while waiting for a decision, even if your original stay period ends before USCIS finishes processing your case.
Step-by-Step Filing Instructions
Filing Form I-539 can be done either online or by mail, depending on your category and USCIS instructions. The following steps summarize the process:
- Download or access the latest version of Form I-539
- Gather your personal documents, including:
- Passport
- Visa
- I-94 record
- Proof of financial support
- Evidence supporting your extension or change of status
- Prepare any Form I-539A supplements for co-applicants (such as family members)
- Pay the applicable filing and biometric fees
- Submit the application
- Wait for a receipt notice and schedule for biometrics appointment
Common Supporting Documents
Supporting evidence varies depending on your reason for filing. Here are some of the common documents required:
- Copy of your current I-94 (available online)
- Passport identity page and visa page
- Letter explaining your reason for requesting an extension or status change
- Bank statements or financial support letters
- Marriage certificate or birth certificate for dependents
- Form I-20 or DS-2019, if you’re switching to student or exchange visitor status
- Employment documents of the primary visa holder, if you’re a dependent
Ensuring your supporting documents are well-organized and complete will reduce the chances of delays or Requests for Evidence (RFEs).
Biometric Services Appointment
All applicants are generally required to attend a biometric appointment after filing Form I-539. USCIS will notify you by mail of the date, time, and location of your appointment, which is typically held at an Application Support Center (ASC). At the appointment, your fingerprints, photograph, and signature will be taken.
Failure to attend the biometric appointment may result in denial of your application.
Fees for Form I-539
As of the latest USCIS fee schedule, applicants must pay:
- A filing fee for Form I-539
- A biometric services fee for each applicant
Fees must be paid by check, money order, or credit card if filing online. Always verify the current fees before filing, as USCIS fees are subject to change.
Tracking and Processing Time
Once your Form I-539 is submitted, you will receive a receipt notice with a case number. You can use this number to track the status of your application on the USCIS case status website.
Processing times vary widely depending on the type of status requested, the volume of applications, and the service center assigned to your case. It’s common for processing to take anywhere from 2 to 10 months.
What Happens If Your Application Is Denied?
If USCIS denies your I-539 application, you must depart the U.S. immediately. Staying beyond the allowed time can result in:
- Accrual of unlawful presence
- Being barred from returning to the U.S. for 3 or 10 years
- Denial of future visas or immigration benefits
Applicants should always have a backup plan in case their request is denied, including being prepared to leave the country if necessary.
Changing to Student Status with I-539
Many people use Form I-539 to switch from B-2 tourist status to F-1 student status. This process is more complex than a typical extension and often involves:
- Obtaining Form I-20 from a SEVP-certified school
- Proving strong financial support for tuition and living expenses
- Demonstrating nonimmigrant intent
- Filing well in advance of the program start date
Because this transition can take several months, applicants must plan accordingly and maintain valid status throughout the waiting period.
Filing for Dependents: Form I-539A
When dependents (spouses or children) are filing together with a primary applicant, they must each complete Form I-539A, a supplemental form attached to the primary Form I-539. While the main applicant signs the main form, each dependent over 14 must also sign their own Form I-539A.
Group applications simplify the process for families or households seeking extensions or status changes simultaneously.
Important Tips for Filing Success
- File early to avoid falling out of status
- Review all instructions carefully to avoid mistakes
- Double-check the latest form edition and fee amounts
- Include thorough documentation to support your case
- Attend the biometric appointment
- Keep copies of everything you submit
- Track your case status regularly
Even a small mistake can lead to significant immigration issues, so attention to detail is crucial.
Consulting an Immigration Attorney
While many I-539 applications can be filed without legal assistance, complex situations — such as out-of-status issues, change to student status, or filing after the I-94 expires — may benefit from a consultation with an immigration attorney. A professional can help prevent costly errors and provide advice tailored to your unique situation.
Conclusion
Form I-539 plays a vital role in helping nonimmigrants legally extend or adjust their stay in the United States. From tourists looking for more time to explore, to dependents of workers and students building a new path, this form supports a wide range of needs. However, it also comes with strict rules, documentation requirements, and potential consequences if not handled properly. With careful planning, timely filing, and full compliance, applicants can use Form I-539 as a valuable tool for managing their immigration journey in the U.S.