The I-539 form, officially titled “Application to Extend/Change Nonimmigrant Status,” is a vital document used by individuals in the United States who wish to either extend their stay in a current nonimmigrant status or change to another nonimmigrant classification. This form is administered by the U.S. Citizenship and Immigration Services (USCIS) and plays a critical role in ensuring that nonimmigrant visitors maintain lawful status during their stay.
People who commonly use Form I-539 include tourists https://i539.tw/, students, dependents of visa holders, and individuals in other nonimmigrant categories. Whether someone wants to prolong their visit or switch from one type of visa to another (for example, from a B-2 tourist visa to an F-1 student visa), the I-539 is the designated route.
Who Needs to File Form I-539?
Several categories of individuals may need to file this form, including:
- B-1/B-2 visa holders who want to extend their visit.
- F-1 students who want to change their status to a different nonimmigrant classification.
- H-4, L-2, or O-3 dependents seeking to extend their status or change to another type.
- V visa holders extending their stay in the U.S.
- CNMI-only residents or nationals applying to switch their status under special conditions.
Each applicant must ensure they meet the specific eligibility criteria based on their current visa classification. Incorrect or untimely submission of the I-539 form can lead to severe immigration consequences, including removal from the United States or being barred from re-entry.
When Should You File the I-539?
The timing of submitting Form I-539 is extremely important. Ideally, applicants should file at least 45 days before their current authorized stay expires. However, even if the application is filed on time, approval is not guaranteed.
In the case of changing nonimmigrant status, the applicant must not engage in activities permitted under the new status (like attending classes if switching to F-1) until the change is approved. Maintaining the current status while the application is pending is crucial to avoid unlawful presence.
Key Sections of Form I-539
Understanding the structure of Form I-539 helps ensure it is completed correctly. The form includes:
- Part 1: Information About You – This section captures personal data, such as name, contact information, and immigration details.
- Part 2: Application Type – The applicant must indicate whether they are seeking an extension, change of status, or reinstatement.
- Part 3: Processing Information – Includes details about previous stays and pending immigration applications.
- Part 4: Additional Information About the Applicant – Here, questions about criminal history or past immigration violations are addressed.
- Part 5: Applicant’s Statement and Signature – A declaration that all information is true and complete.
- Part 6: Interpreter’s Contact Information and Signature – If applicable, includes the details of any interpreter used.
- Part 7: Preparer’s Information – If someone else completed the form, their data goes here.
The form also requires supporting documentation such as copies of I-94 records, passport pages, visa stamps, proof of financial support, and any explanation letters or affidavits.
Filing Fee and Payment Methods
As of current USCIS standards, the filing fee for Form I-539 is $370, along with an additional $85 biometric services fee, if applicable. The total fee can vary depending on the number of applicants included in the form (e.g., families filing together).
Payments can be made through a money order, personal check, or credit card using Form G-1450. Applicants should ensure that all fees are correct and that the form is signed, as USCIS will reject unsigned or unpaid applications.
Biometrics Appointment Requirement
Since recent changes to USCIS policy, many I-539 applicants must attend a biometrics appointment. This includes fingerprinting and photographing for identity verification and background checks. After filing, USCIS will mail a Biometrics Appointment Notice with the date, time, and location. Missing this appointment can result in delays or denial of the application.
Processing Time and Tracking the Application
Processing times for I-539 applications vary based on the applicant’s current visa type, USCIS service center workload, and whether additional evidence is requested. Typically, it may take anywhere from 2 to 12 months to receive a decision.
Applicants can track the status of their application using the receipt number found on the I-797C Notice of Action sent by USCIS after submission. Regular updates and processing timeframes are available through official USCIS channels.
Common Reasons for I-539 Denial
Even though the I-539 process seems straightforward, there are numerous reasons why applications get denied, such as:
- Late Filing: Submitting the form after the expiration of status without a valid reason.
- Insufficient Documentation: Missing or inadequate supporting evidence.
- Ineligibility: Applying for a status not allowed under the current visa.
- Failure to Maintain Status: Violating terms of the original nonimmigrant visa.
- Unclear Intentions: Not providing a convincing rationale for the requested change or extension.
Applicants should carefully review their submission and consult with a professional if unsure about eligibility or documentation.
Tips for a Successful I-539 Application
- File early: Submit your application well before your current status expires.
- Be accurate: Ensure all information on the form is correct and matches your documents.
- Include strong evidence: Provide clear and relevant supporting documents.
- Keep copies: Always retain copies of everything you submit.
- Follow instructions: Use the most current version of the form and follow USCIS guidelines.
- Respond to RFEs promptly: If USCIS issues a Request for Evidence (RFE), reply within the timeframe given.
Following these best practices can significantly improve your chances of approval.
Alternatives and Special Situations
In some cases, applicants may qualify for expedited processing, but this is rare and only granted for reasons such as humanitarian emergencies or government interests. There are also provisions for reinstatement of status for certain students or exchange visitors who have fallen out of status due to circumstances beyond their control.
Some applicants might also consider premium processing, though this service is generally not available for I-539 unless associated with specific employment-based petitions.
Final Thoughts on the I-539 Process
Form I-539 is an essential tool for many nonimmigrants in the U.S. who seek to maintain lawful status, either by extending their current stay or transitioning to another nonimmigrant visa category. It demands attention to detail, proper documentation, and strict adherence to deadlines.
Whether you’re a visitor who wants to explore more of the country, a student planning to begin a degree program, or a dependent of a visa holder seeking to extend your stay with family, the I-539 can be your legal pathway—when used correctly.
Because immigration laws and policies can be complex and constantly evolving, individuals are encouraged to stay informed and seek professional guidance when necessary. Filing the I-539 correctly the first time saves time, avoids complications, and protects your stay in the United States.