USCIS Form I-539: Everything You Need to Know

USCIS Form I-539, officially known as the Application to Extend/Change Nonimmigrant Status, is used by certain nonimmigrants in the United States to request either an extension of stay or a change to a different nonimmigrant status. This form can also be used by nonimmigrants applying for an initial nonimmigrant status in certain situations or by F-1 and M-1 students seeking reinstatement. It is important to file Form I-539 before your current authorized stay expires to avoid any gaps in your status. In this article, we will outline the key details of Form I-539, including eligibility, required documentation, fees, and recommendations for filing

What is I 539?

USCIS Form I-539 is used by nonimmigrants in the United States to request an extension of their stay or a change in their nonimmigrant status. Nonimmigrants are foreign nationals who come to the U.S. temporarily for specific purposes, such as tourism, business, or education. This form applies to a range of nonimmigrant statuses, including B-1/B-2 visitor status, F-1 student status, and H-4 dependent status. The form is also used to request either an extension of stay in the same nonimmigrant status or a change to another status.

When filing Form I-539, you may include your spouse and unmarried children under 21 years old as co-applicants, provided they are either in the same nonimmigrant status or have derivative status. Each additional family member must file a separate Form I-539A. The extension or change of status will apply to all family members included in the application, and any extensions granted will be for the same duration, with the shortest period applying to the entire group.

What Is the Purpose of Form I-539A?

According to the USCIS Form I-539 instructions, Form I-539A is a supplemental form that must be filed when you are including co-applicants, such as your spouse or unmarried children under 21 years of age, in your Form I-539 application. Each additional applicant included in the main Form I-539 must complete and file a separate Form I-539A. This form collects the necessary personal information for each co-applicant.

It is important to note that each co-applicant must sign their own Form I-539A, except in cases where a parent or legal guardian is signing on behalf of a child under the age of 14 or a mentally incompetent person.

Who is eligible to file USCIS I-539?

According to the USCIS Form I-539 instructions, nonimmigrants in the United States may apply for an extension of stay or a change of status using Form I-539, with some exceptions. Specifically:

• Eligible Nonimmigrants: Most nonimmigrants currently in the U.S. on valid nonimmigrant visas can use Form I-539 to apply for an extension of their stay or to change their status to another nonimmigrant category.

• Family Members: You may include your spouse and unmarried children under 21 years of age as co-applicants in the application for the same extension or change of status, as long as they are currently in the same nonimmigrant status or derivative status.

• Special Situations: F-1 or M-1 students can use Form I-539 to apply for reinstatement if they have fallen out of status due to circumstances beyond their control or for specific reasons such as an authorized reduction in course load by a Designated School Official (DSO).

However, there are exceptions where certain nonimmigrant categories, such as those under the Visa Waiver Program, or certain nonimmigrant visa holders (e.g., K-1 fiancé(e) visa holders), are not eligible to file Form I-539.

Where to file I-539?

Form I-539, should be filed with the United States Citizenship and Immigration Services (USCIS) either by mail or online.

In order to file I-539 via mail, you will need to download the most current version of the I-539 form from the USCIS website. According to the I539 instructions that are provided, you will need to complete it. After that, you will need to gather all the required supporting documents for I-539.

The mailing address for filing Form I-539 may change, which depends on the state where you live and the type of nonimmigrant status which you are seeking. You can find the correct i 539 filing address on the USCIS website or you can consult the instructions for Form I-539.

Also, you may choose to file your Form I 539 online.

Before filing your Form I-539, you should be sure to carefully review the instructions and USCIS website to ensure that you have included all required documentation and have provided accurate and complete information.

Can I file I 539 online?

Yes, according to the USCIS Form I-539 instructions, you can file Form I-539 online. The instructions mention that online filers should follow the guidance provided on the myUSCIS website to create accounts and complete the Form I-539 online. Each co-applicant, if applicable, must also follow specific instructions for the online filing process​.

How to translate the required documents for I-539 Form?

If you need to have required documents translated in order to extend or change your nonimmigrant status, you should take the following steps:

• Communicate with a professional translation provider: It is critical to get correctcertified translation. Because of that, to ensure accuracy, legal compliance, and timeliness in the US immigration process, a professional translation provider is required for the translation of required documents for I-539 Form.

It is very important to use a professional translation provider which is fluent in both English and the language into which you require the documents to be translated.

Your translation should be certified. Make sure the translator has certified it. This means that the translator has attested to the translation's accuracy.

When submitting your immigration application, include the translated form as well as the original English version.

It's important to note that USCIS requires certified translations of all foreign language documents submitted with your application. A certified translation is a translation that includes a statement signed by the translator attesting to their qualifications and the accuracy of the translation. To learn more, you can check out our article which is about USCIS certified translation.

How much does it cost to file USCIS Form I-539?

The USCIS Form I-539 paper filing fee is $470, while online filing fee is $420.

Certain applicants, for example, must pay an additional $85 biometric services fee. It is important to remember that USCIS fees may change.

Because of that, it is recommended that you check the USCIS website for the most up-to-date fee information.

You may incur additional costs in addition to I-539 filing fee when preparing and submitting your USCIS Form I-539 application. You may need to pay for copies of supporting documents for I-539, translation services, or the services of an immigration attorney, for example. In addition to the USCIS filing fees, it is critical to budget for these additional costs.

What is the biometric services appointment for the I-539 form?

According to the USCIS Form I-539 instructions, a biometric services appointment may be required as part of the application process. USCIS may require you to attend a biometric services appointment to provide your fingerprints, photograph, and/or signature. The purpose of this appointment is to verify your identity, gather additional information, and conduct background and security checks, including checks of criminal history records maintained by the FBI.

If a biometric services appointment is necessary, USCIS will send an appointment notice with the date, time, and location of your appointment. Failure to attend this appointment may result in the denial of your application.

How long does it take to process USCIS I-539?

The current estimated I-539 processing time ranges from 5 to 14 months, depending on the type of nonimmigrant status requested or extended, according to the USCIS website.

It is important to note that USCIS processing times are subject to change and may take longer or shorter than expected depending on individual circumstances. You can find the most recent I-539 processing times on the USCIS website, and it is recommended that you apply for an extension or change of status well in advance of your current status expiration date to allow for adequate processing time.

Can I travel while my USCIS Form I-539 application is pending?

According to the USCIS Form I-539 instructions, if you leave the United States while your Form I-539 application is pending, USCIS will consider your application abandoned, which means it will likely be denied. Therefore, it is important not to travel outside the U.S. while your application is being processed if you want to maintain your nonimmigrant status or change your status.

It's always a good idea to consult with an immigration attorney before traveling while your I539 application is pending. They can assist you in evaluating the specific facts of your case and advising you on the best course of action.

Can I stay in the U.S. while I-539 is pending?

Yes, according to the USCIS Form I-539 instructions, you can stay in the U.S. while your Form I-539 application is pending, as long as you filed the application before your current authorized stay expires. This allows you to remain in the U.S. while awaiting a decision on your request for an extension or change of nonimmigrant status. However, if your application is ultimately denied, you may be required to depart the U.S. immediately.

It is important to keep in mind that you are not authorized to work while your application is pending if you don’t fall into a category that allows for an automatic extension of employment authorization. If you are not sure about your eligibility to remain in the United States while your I-539 application is being processed, you should seek advice from an experienced immigration attorney or the USCIS.

What should I do if my USCIS Form I-539 application is denied?

According to the USCIS Form I-539 instructions, if your application is denied, USCIS will notify you in writing with the reasons for the denial. You will not be able to appeal the decision.

However, in certain circumstances, you may be able to file a motion to reopen or reconsider the case if you believe there was an error in the decision or if you have new evidence to present. The instructions advise consulting with an immigration attorney to explore your options if your application is denied​.

How do you know if I-539 is approved?

You can take the following actions to determine whether your Form I-539 has been accepted:

Online Case Status Check:

• Visit the U.S. Citizenship and Immigration Services (USCIS) website.

• Go to the "Check your case status" section.

• Enter your receipt number (also known as the "case number") for your Form I-539.

• Click on the "Check Status" or "Check My Case Status" button.

According to the USCIS Form I-539 instructions, if your application is approved, USCIS will notify you in writing. You will receive a Form I-797, Notice of Action, which will serve as the official confirmation of your approved request for an extension or change of nonimmigrant status. This notice will also include details about the length of your extended stay or the effective date of your new status.

Contact USCIS:

If you have concerns or questions about your case status, you can also contact USCIS directly. Visit the USCIS Contact Center webpage for information on how to reach them.

Overall, USCIS Form I-539 is an important document for nonimmigrants in the United States who want to extend their stay or change their nonimmigrant status. You can successfully file and obtain a decision on your USCIS Form I-539 by following the eligibility requirements, providing the necessary documentation, paying the filing fees, and waiting for I-539 processing times. If you have any questions or concerns about your application, you should seek the advice and assistance of an immigration attorney.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”