Application To Extend/Change Nonimmigrant Status
[I-539, Application to Extend/ Change Nonimmigrant Status]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
This form is used by some nonimmigrants to request extensions of stay or changes from one nonimmigrant category to another nonimmigrant category. Please see the form’s instructions for your specific nonimmigrant visa category. It is used by F and M nonimmigrants seeking reinstatement of status. It is also used by K-3/4 nonimmigrants to request extensions of stay and by persons seeking V nonimmigrant status while in the United States or extension of stay as a V nonimmigrant.
Number of Pages :
11
Edition Date :
4/01/06. Prior versions acceptable.
Where to File :
Please see Special Instructions on this page.
Filing Fee :
$200.00
Special Instructions :
K-3/4 Nonimmigrants: Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.
V Nonimmigrants: See Form I-539 Supplement A, Filing Instructions for V Nonimmigrants, for special instructions. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request issuance or renewal of your employment authorization. You may travel outside of the U.S. and be readmitted as a V, if you have a valid passport and obtain a V visa from the Department of State.
Please note: This is a large file (1.36 MB). We recommend that you do not fill out the form in your web browser, but download the file to your computer instead (by “right-clicking” on the link below and selecting “Save Target As”). Then launch the form within Adobe Reader.
Note on Filing Fee :
Applicants for V nonimmigrant status only, please note a separate $70.00 charge for biometrics may also be required when the applicant is present in the United States.
Note on Where to File :
- If you are filing for reinstatement as an F-1 or M-1 student, submit this application at the USCIS District or Sub-Office having jurisdiction over the place where you live.
- If you are the dependent spouse or child of a principal E, H, L, O, P, R or TN nonimmigrant and you are seeking a change of status or an extension of stay and:
- Your Form I-539 is being filed together with the principal’s Form I-129, send the entire Forms I-129/I-539 package to:
USCIS Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479 - The principal’s Form I-129 has already been approved submit your Form I-539 to (include a copy of the principal’s Form I-129 approval notice):
USCIS Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479 - The principal’s Form I-129 is still pending, file your Form I-539 with the same service center where the Form I-129 is pending (include a copy of the receipt notice for the principal’s pending Form I-129).
- In all other instances, mail your Form I-539 to the USCIS Service Center having jurisdiction over where you live in the United States.
- If you are filing as a V applicant, follow the instructions on Form I-539 Supplement A, Filing Instructions for V Nonimmigrants.
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0003; Expires 11/30/07
I-539, Application to Extend/ Change Nonimmigrant Status
Instructions
NOTE: You have the option of submitting this paper version of Form I-539 according to form’s instructions or you may file the application electronically. To file electronically, visit our internet website at www. uscis.gov and follow the instructions on e-filing. Whether you submit this paper form or e-file, U.S. Citizenship and Immigration Services (USCIS) recommends that you retain a copy of your application and supporting documents for your records. USCIS is comprised of offices of the former Immigration and Naturalization Service (INS).
Purpose of This Form.
You should use this form if you are one of the nonimmigrants listed below and wish to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay or a change to another nonimmigrant status.
In certain situations, you may use this form to apply for an initial nonimmigrant status.
You may also use this form if you are a nonimmigrant F-1 or M-1 student applying for reinstatement.
Who May File/Initial Evidence.
Extension of Stay or Change of Status.
Nonimmigrants in the United States may apply for an extension of stay or a change of status on this form, except as noted in these instructions under the heading, “Who May Not File.”
Multiple Applicants.
You may include your spouse and your unmarried children under age 21 years as co-applicants in your application for the same extension or change of status, if you are all now in the same status or they are all in derivative status.
Required Documentation – Form I-94, Nonimmigrant Arrival/ Departure Record.
You are required to submit with your Form I-539 application the original or copy, front and back, of Form I-94 of each person included in your application. If the original Form I-94 or required copy cannot be submitted with this application, include a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Document, with the required fee.
Valid Passport.
If you were required to have a passport to be admitted into the United States, you must maintain the validity of your passport during your nonimmigrant stay. If a required passport is not valid when you file the Form I-539 application, submit an explanation with your form.
Additional Evidence.
You may be required to submit additional evidence noted in these instructions.
Nonimmigrant Categories.
This form may be used by the following nonimmigrants listed in alphabetical order:
An A, Ambassador, Public Minister, or Career Diplomatic or Consular Officer and their immediate family members.
You must submit a copy, front and back, of the Form I-94 of each person included in the application and a Form I-566, Interagency Record of Individual Requesting Change, Adjustment to, or from, A to G Status; or Requesting A, G or NATO Dependent Employment Authorization, certified by the U.S. Department of State to indicate your accredited status.
NOTE: An A-1 or A-2 nonimmigrant is not required to pay a fee with the Form I-539 application.
An A-3, Attendant or Servant of an A Nonimmigrant and the A-3’s immediate family members.
You must submit a copy, front and back, of the Form I-94 of each person included in the application.
The application must be filed with:
- A copy of your employer’s Form I-94 or approval notice demonstrating A status;
- An original letter from your employer describing your duties and stating that he or she intends to personally employ you; and arrangements you have made to depart from the United States; and
- An original Form I-566, certified by the Department of State, indicating your employer’s continuing accredited status.
A B-1, Visitor for Business or B-2, Visitor for Pleasure.
If you are filing for an extension/change, you must file your application with the original Form I-94 of each person included in your application. In addition, you must submit a written statement explaining in detail:
- The reasons for your request;
- Why your extended stay would be temporary, including what arrangements you have made to depart from the United States; and
- Any effect the extended stay may have on your foreign employment or residency.
Dependents of an E, Treaty Trader or Investor.
If you are filing for an extension/change of status as the dependent of an E, this application must be submitted with:
- The Form I-129, Petition for Alien Worker, filed for that E or a copy of the filing receipt noting that the petition is pending with USCIS;
- A copy of the E’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
NOTE: An employer or investor should file Form I-129 to request an extension/change to E status for an employee, prospective employee, or the investor. Dependents of E employees should file for an extension/change of status on this form, not Form I-129.
An F-1, Academic Student.
To request a change to F-1 status or to apply for reinstatement as an F-1 student, you must submit your original Form I-94, as well as the original Form I-94 of each person included in the application.
Your application must include your original Form I-20 (Certificate of Eligibility for Nonimmigrant Student) issued by the school where you will study. To request either a change or reinstatement, you must submit documentation that demonstrates your ability to pay for your studies and support yourself while you are in the United States.
F-1 Extensions:
Do not use this form to request an extension. For information concerning extensions, contact your designated school official at your institution.
F-1 Reinstatement:
You will only be considered for reinstatement as an F-1 student if you establish:
- That the violation of status was due solely to circumstances beyond your control or that failure to reinstate you would result in extreme hardship;
- You are pursuing or will pursue a full course of study;
- You have not been employed without authorization; and
- You are not in removal proceedings.
A G, Designated Principal Resident Representative of a Foreign Government and his or her immediate family members.
You must submit a copy, front and back, of the Form I-94, of each person included in the application, and a Form I-566, certified by the Department of State to indicate your accredited status.
NOTE: A G-1 through G-4 nonimmigrant is not required to pay a fee with the I-539 application.
A G-5, Attendant or Servant of a G Nonimmigrant and the G-5’s immediate amily members.
You must submit a copy, front and back, of the Form I-94 of each person included in the application.
The application must also be filed with:
- A copy of your employer’s Form I-94 or approval notice demonstrating G status;
- An original letter from your employer describing your duties and stating that he or she intends to personally employ you; and arrangements you have made to depart from the United States; and
- An original Form I-566, certified by the Department of State, indicating your employer’s continuing accredited status.
Dependents of an H, Temporary Worker.
If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, this application must be submitted with:
- The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with the USCIS;
- A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
NOTE: An employer should file Form I-129 to request an extension/change to H status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129.
A J-1, Exchange Visitor.
If you are requesting a change of status to J-1, your application must be filed with an original Form IAP-66, Certificate of Eligibility for Exchange Visitor Status, issued by your program sponsor. You must also submit your original Form I-94, as well as the original Form I-94 of each person included in the application.
NOTE: A J-1 exchange visitor whose status is for the purpose of receiving graduate medical education or training, who has not received the appropriate waiver, is ineligible for any change of status. Also, a J-1 subject to the foreign residence requirement, who has not received a waiver of that requirement, is only eligible for a change of status to A or G.
J-1 Extensions:
If you are seeking an extension, contact the responsible officer of your program for information about this procedure.
J-1 Reinstatement:
If you are a J-1 exchange visitor seeking reinstatement, you may need to apply for such approval by the Department of State’s Office of Education and Cultural Affairs. Contact the responsible officer at your sponsoring program for information on the reinstatement filing procedure.
Dependents of an L, Intracompany Transferee.
If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany transferee, this application must be submitted with:
- The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;
- A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
NOTE: An employer should file Form I-129 to request an extension/change to L status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129.
An M-1, Vocational or Non-Academic Student.
To request a change to or extension of M-1 status, or apply for reinstatement as an M-1 student, you must submit your original Form I-94, as well as the original Form I-94 of each person included in the application.
Your application must include your original Form I-20 issued by the school where you will study. To request either extension/change or reinstatement, you must submit documentation that demonstrates your ability to pay for your studies and support yourself while you are in the United States.
M-1 Reinstatement:
You will only be considered for reinstatement as an M-1 student if you establish:
- That the violation of status was due solely to circumstances beyond your control or that failure to reinstate you would result in extreme hardship;
- You are pursuing or will pursue a full course of study;
- You have not been employed without authorization; and
- You are not in removal proceedings.
NOTE: If you are an M-1 student, you are not eligible for a change to F-1 status and you are not eligible for a change to any H status, if the training you received as an M-1 helps you qualify for the H status. Also, you may not be granted a change to M-1 status for training to qualify for H status.
An N-1 or N-2, Parent or Child of an Alien Admitted as a Special Immigrant Under Section 101(a)(27)(I) of the INA.
You must file the application with a copy, front and back, of your Form I-94 and a copy of the special immigrant’s permanent resident card and proof of the relationship (example: birth or marriage certificate).
Dependents of an O, Alien of Extraordinary Ability or Achievement.
If you are filing for an extension/change of status as the dependent of an employee who is classified as an O nonimmigrant, this application must be submitted with:
- The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;
- A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
NOTE: An employer should file Form I-129 to request an extension/change to an O status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129.
Dependents of a P, Artists, Athletes and Entertainers.
If you are filing for an extension/change of status as the dependent of an employee who is classified as a P nonimmigrant, this application must be submitted with:
- The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with the USCIS;
- A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
NOTE: An employer should file Form I-129 to request an extension/change to P status for an employee or prospective employee. Dependents of such employees should file for an extension/change of status on this form, not on Form I-129.
Dependents of an R, Religious Worker.
If you are filing for an extension/change of status as the dependent of an employee who is classified as an R nonimmigrant, this application must be submitted with:
- The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;
- A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
TD Dependents of TN Nonimmigrants.
TN nonimmigrants are citizens of Canada or Mexico who are coming as business persons to the United States to engage in business activities at a professional level, pursuant to the North American Free Trade Agreement (NAFTA). The dependents (spouse or unmarried minor children) of a TN nonimmigrant are designated as TD nonimmigrants. A TD nonimmigrant may accompany or follow to join the TN professional. TD nonimmigrants may not work in the United States.
The Form I-539 shall be used by a TD nonimmigrant to request an extension of stay or by an applicant to request a change of nonimmigrant status to TD classification.
If you are filing for an extension/change of status as the dependent of an employee who is classified as a TN nonimmigrant, this application must be submitted with:
- The Form I-129 filed for that employee or a copy of the filing receipt noting that the petition is pending with USCIS;
- A copy of the employee’s Form I-94 or approval notice showing that he or she has already been granted status to the period requested on your application; and
- Evidence of relationship (example: birth or marriage certificate).
A V, Spouse or Child of a Lawful Permanent Resident.
Use this Form I-539 if you are physically present in the United States and wish to request initial status or change status to a V nonimmigrant, or to request an extension of your current V nonimmigrant status.
Applicants should follow the instructions on this form and the attached instructions to Supplement A to Form I-539, Filing Instructions for V Nonimmigrants. The supplement contains additional information and the location where V applicants must file their applications.
NOTE: In addition to the $200.00 application fee required to file Form I-539, V applicants are required to pay a $70.00 biometric services fee for USCIS to take their fingerprints.
If necessary, USCIS may also take the V applicant’s photograph and signature as part of the biometric services.
Notice to V Nonimmigrants.
The Legal Immigration Family Equity Act (LIFE), signed into law on December 21, 2000, created a new V visa. This nonimmigrant status allows certain persons to reside legally in the United States and to travel to and from the United States while they wait to obtain lawful permanent residence.
In order to be eligible for a V visa, all of the following conditions must be met:
- You must be the spouse or the unmarried child of a lawful permanent resident;
- A Form I-130, Petition for Alien Relative, must have been filed for you by your permanent resident spouse on or before December 21, 2000; and
- You must have been waiting for at least three years after the Form I-130 was filed for you;
- Or you must be the unmarried child (under 21 years of age) of a person who meets the three requirements listed above.
V visa holders will be eligible to adjust to lawful permanent resident status once an immigrant visa becomes available to them. While they are waiting, V visa holders may be authorized to work following their submission and USCIS approval of their Form I-765, Application for Employment Authorization.
WARNING: Be advised that persons in V status who have been in the United States illegally for more than 180 days may trigger the grounds of inadmissibility regarding unlawful presence (for the applicable 3-year or 10-year bar to admission) if they leave the United States. Their departure may prevent them from adjusting status as a permanent resident.
Who May Not File.
You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program or if your current status is:
- An alien in transit (C) or in transit without a visa (TWOV);
- A crewman (D); or
- A fiance'(e) or dependent of a fiance'(e) (K)(1) or (K)(2).
- A spouse (K-3) of a U.S. citizen and their children (K-4), accorded such status pursuant to the LIFE Act, may not change to another nonimmigrant status.
EXCEPTION: A K-3 and K-4 are eligible to apply for an extension of status. They should file for an extension during the processing of the Form I-130 filed on their behalf and up to completion of their adjustment of status application.
NOTE: Any nonimmigrant (A to V) may not change their status to K-3 or K-4.
General Filing Instructions.
Please answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with “N/A.” If the answer is “none,” please so state. If you need extra space to answer any item, attach a sheet of paper with your name and your alien registration number (A#), if any, and indicate the number of the item to which the answer refers. Your application must be filed with the required initial evidence. Your application must be properly signed and filed with the correct fee. If you are under 14 years of age, your parent or guardian may sign your application.
Original and Copies.
If these instructions state that a copy of a document may be filed with this application and you choose to send us the original, we will keep that original document in our records.
Translations.
Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator’s certification that he or she is competent to translate the foreign language into English.
When and Where to File.
You must submit an application for extension of stay or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that:
- The delay was due to extraordinary circumstances beyond your control;
- The length of the delay was reasonable;
- You have not otherwise violated your status;
- You are still a bona fide nonimmigrant; and
- You are not in removal proceedings.
If you are filing as a V applicant, follow the instructions on the Supplement A to Form I-539, Filing Instructions for V Nonimmigrants, on where to file your application.
If you are filing for reinstatement as an F-1 or M-1 student, submit this application at your local USCIS office. For information on how to use our InfoPass system to make an appointment at your local USCIS office, visit our website at
www.uscis.gov.
If you are the dependent spouse or child of a principal E, H, L, O, P, R or TN nonimmigrant and you are seeking a change of status or extension of stay, and:
If your Form I-539 is being filed together with the principal’s Form I-129, send the entire Forms I-129/I-539 package to the Vermont Service Center at the address noted below:
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
If the principal’s Form I-129 has already been approved, submit your Form I-539 to the Vermont Service Center at the address noted below. (Include a copy of the principal’s Form I-129 approval notice.)
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
If the principal’s Form I-129 is still pending, file your Form I-539 with the same service center where the Form I-129 is pending. (Include a copy of the receipt notice for the principal’s pending Form I-129.)
In all other instances, mail your application to the USCIS Service Center listed below having jurisdiction over where you live in the United States.
If you live in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, the U.S. Virgin Islands, Vermont, Virginia or West Virginia, mail your application to:
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee or Texas, mail your application to:
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
If you live in Arizona, California, Guam, Hawaii or Nevada, mail your application to:
USCIS California Service Center,
P.O. Box 10539
Laguna Niguel, CA 92607-1053
If you live elsewhere in the United States, mail your application to:
USCIS Nebraska Service Center
P.O. Box 87539
Lincoln, NE 68501-7539
What Is the Fee?
The fee for this application is $200.00, except for certain A and G nonimmigrants who are not required to pay a fee, as noted in these instructions.
The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash.
All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in U.S. currency.
The check or money order should be made payable to the Department of Homeland Security, except that:
- If you live in Guam, make your check or money order payable to the “Treasurer, Guam.”
- If you live in the U.S. Virgin Islands, make your check or money order payable to the “Commissioner of Finance of the Virgin Islands.”
Checks are accepted subject to collection. An uncollected check will render the application and any document issued invalid. A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn.
How to Check If the Fee Is Correct.
The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below:
- Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or
- Review the Fee Schedule included in your form package, if you called us to request the form, or
- Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
NOTE: If your petition or application requires a biometric services fee for USCIS to take your fingerprints, photograph or signature, use the same procedure above to confirm the biometrics fee.
Processing Information.
Acceptance.
Any application that is not signed or is not accompanied by the correct fee will be rejected with a notice that the application is deficient. You may correct the deficiency and resubmit the application. An application is not considered properly filed until accepted by USCIS.
Initial Processing.
Once the application has been accepted, it will be checked for completeness. If you do not completely fill out the form, or file it without the required initial evidence, you will not establish a basis for eligibility and we may deny your application.
Requests for More Information or Interview.
We may request more information or evidence or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required.
Decision.
An application for extension of stay, change of status, initial status or reinstatement, may be approved at the discretion of USCIS. You will be notified in writing of the decision on your application.
Penalties.
If you knowingly and willfully falsify or conceal a material fact or submit a false document with this application, we will deny the benefit you are seeking and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.
Privacy Act Notice.
We ask for the information on this form and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. Our legal right to ask for this information is in 8 U.S.C. 1184 and 1258. We may provide this information to other government agencies. Failure to provide this information and any requested evidence may delay a final decision or result in denial of your request.
USCIS Forms and Information.
To order USCIS forms, call our toll-free forms line at 1-800-870-3676. If you need information on immigration laws, regulations or procedures call our National Customer Service Center at 1-800-375-5283 or visit our internet website at www. uscis.gov.
Use InfoPass for Appointments.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of USCIS office.
Paperwork Reduction Act Notice.
An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
We try to create forms and instructions that are accurate, can easily be understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.
The estimate average time to complete and file this application is as follows: (1) 10 minutes to learn about the law and form; (2) 10 minutes to complete the form; and (3) 25 minutes to assemble and file the application; for a total estimated average of 45 minutes per application.
If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, N.W., Washington, D.C. 20529; OMB No. 1615-0003. Do not mail your completed application to this Washington, D.C. address.