The I-539 form, formally known as the Application to Extend/Change Nonimmigrant Status, is used by nonimmigrant visitors in the United States to request either an extension of their current visa status or a change to another nonimmigrant status. Managed by U.S. Citizenship and Immigration Services (USCIS), the form plays a crucial role https://i539.tw/ in helping individuals lawfully remain in the country.

The I-539 form applies to a variety of visa holders, including tourists, students, and dependents of work visa holders. Filing this form appropriately and on time can help prevent legal issues, maintain compliance with U.S. immigration laws, and avoid unnecessary penalties.

Eligibility for Filing Form I-539

Not everyone in the U.S. on a nonimmigrant visa is eligible to use Form I-539. The form is mainly intended for the following categories:

• B-1 or B-2 visitors wishing to extend their stay.
• F-1 or M-1 students who want to change status or request reinstatement.
• Dependents (H-4, L-2, O-3, etc.) of primary visa holders seeking to extend or change their status.
• J-2 visa holders seeking changes in their conditions.
• V visa holders applying for extension of stay.

Eligibility depends on maintaining current legal status, submitting the application before the expiration date on the I-94 record, and meeting specific criteria for the requested status.

When to Submit the I-539 Application

It is critical to file Form I-539 in a timely manner, ideally at least 45 days before the expiration of your current authorized stay. Filing too late may lead to the denial of your request or, in some cases, the accrual of unlawful presence, which can result in serious immigration consequences.

For those seeking to change status (e.g., from B-2 visitor to F-1 student), it’s essential not to begin any activities allowed under the new status (such as attending school) until the new status is officially approved by USCIS.

Components of the I-539 Form

The I-539 form is a comprehensive application consisting of several parts:

• Personal Identification Section: Includes your full name, date of birth, country of birth, and current immigration status.
• Requested Action: Specifies whether you are applying for an extension, change of status, or reinstatement.
• Details of Stay: Information about your original admission date, current I-94 details, and reasons for requesting the extension or change.
• Family Information: If applicable, dependents can be included in the same form. Additional supplemental forms may be required for co-applicants.
• Signature and Certification: This section must be completed by the applicant and, if applicable, the preparer or interpreter.

Every section must be filled out completely and truthfully. Failure to provide accurate information may lead to delays or a denial.

Required Supporting Documents

Along with the I-539 form, applicants must submit a complete set of supporting documents that verify their status and justify their request. These typically include:

• Copy of current passport (must be valid for the entire requested stay).
• Form I-94 (arrival/departure record).
• Visa stamp and previous approval notices (if applicable).
• Proof of financial support, such as bank statements, affidavits of support, or income documents.
• Letter of explanation, detailing the purpose and reasons for the extension or change.
• Educational documents, such as Form I-20 (for F-1 status), if applying as a student.

Each document must be legible, current, and relevant to the case being presented.

Filing and Fees

Form I-539 can be filed online or by mail, depending on your eligibility and current status. Applicants should follow USCIS instructions based on their visa type and location.

The filing fees include:

• $370 base fee.
• $85 biometric services fee, required for most applicants and co-applicants.

These fees are non-refundable, even if the application is denied. Payment must be made via acceptable methods such as check, money order, or credit card authorization using the designated form.

Biometric Appointment Process

After submission, most applicants will receive a biometrics appointment notice from USCIS. This appointment is mandatory and must be attended at a local Application Support Center (ASC).

During the appointment, fingerprints, a photograph, and a signature will be collected. This information is used for security and background checks. Failure to attend the appointment without proper rescheduling may lead to denial of the application.

Processing Time for I-539 Applications

The processing time for Form I-539 can vary widely depending on:

• The type of request (extension, change, or reinstatement).
• The visa classification.
• The USCIS service center processing the form.
• The workload at the service center.

In general, it may take anywhere from 2 to 12 months for a decision to be issued. Applicants can track the status of their case using the receipt number provided on the Form I-797 Notice of Action, which is sent after the application is accepted.

Consequences of Not Filing the I-539 Correctly

Failing to properly file the I-539 can have serious consequences, including:

• Falling out of status, which may result in removal proceedings or future visa ineligibility.
• Accrual of unlawful presence, leading to 3-year or 10-year bans from re-entry to the U.S.
• Automatic denial if the form is incomplete, unsigned, or lacks required fees.
• Delays in future immigration benefits, such as adjustment of status or employment authorization.

To avoid these issues, applicants must ensure that their I-539 is thoroughly reviewed before submission.

Tips for a Strong I-539 Application

To improve the chances of approval, consider the following:

• Submit early: Don’t wait until the last minute.
• Be clear and detailed: Explain the reasons for your request in a logical and honest manner.
• Include all documents: Missing documents are a common reason for delays.
• Check the current form version: Always use the latest form published by USCIS.
• Keep records: Make copies of the form, supporting documents, and the mailing receipt.

Additionally, if you’re unsure about how to complete any part of the form or your eligibility, consulting an experienced immigration attorney can help avoid complications.

Family Members and Group Filing

The I-539 form can be used to file on behalf of multiple family members as long as they are all applying for the same benefit. For example, an H-1B worker’s spouse and children (H-4 dependents) can be listed as co-applicants on one I-539 form.

A Supplemental Form I-539A must be completed for each co-applicant. Each person will also need to attend their own biometrics appointment and pay the biometric fee.

What Happens After Approval or Denial

If the I-539 application is approved, USCIS will issue a new I-94 record and a formal notice of approval. This allows the applicant to legally stay in the U.S. under the new or extended status for the duration granted.

If the application is denied, USCIS will send a letter explaining the reasons. The applicant must then prepare to leave the U.S. immediately unless other legal options exist, such as a motion to reopen or appeal.

It is important not to overstay after a denial, as it can severely impact future immigration options.

Final Thoughts

The I-539 form is a powerful tool for individuals looking to extend their stay or adjust their status while in the United States on a nonimmigrant visa. However, it must be used with caution and responsibility. Filing accurately, early, and with complete documentation is essential for success.

Whether you’re a tourist needing more time, a student preparing for a new academic program, or a dependent seeking to remain with family, the I-539 can help you stay on the right side of immigration law. Taking the time to understand the process and avoid common mistakes will make a significant difference in the outcome of your case.