The I-539 form is an official application used by nonimmigrants in the United States who want to either extend their stay or change their nonimmigrant status. It is processed by the U.S. Citizenship and Immigration Services (USCIS) and serves as an essential tool for visitors, students, and dependents to lawfully remain in the U.S. beyond their original period of admission.

Whether traveling for leisure https://i539.tw/, studying, or staying with family, many visa holders rely on this form to continue their stay legally without interruption.

Who Can Use the I-539 Form?

Form I-539 is designed for a specific group of individuals, including:

• Tourists on B-2 visas wishing to stay longer.
• Business visitors on B-1 visas needing extended time for meetings or negotiations.
• F-2 visa holders, dependents of F-1 students.
• H-4 visa holders, spouses or children of H-1B workers.
• L-2 visa holders, dependents of L-1 intracompany transferees.
• J-2 visa holders, dependents of exchange visitors.
• K-3/K-4 visa holders seeking to adjust status.
• Students or exchange visitors requesting reinstatement after falling out of status.

This form is not applicable to all visa categories, so eligibility must be verified before applying.

Reasons for Filing the I-539

There are several valid reasons to file an I-539 application:

• Extending current stay due to unfinished personal, medical, or educational matters.
• Changing to another nonimmigrant category (e.g., switching from tourist to student).
• Reinstating a previously valid status after an accidental lapse.
• Adding dependents to a primary visa holder’s file through a dependent extension or change request.

Each reason requires appropriate evidence and a clear explanation to justify the request.

Requirements and Supporting Documents

To complete the I-539 application properly, individuals must gather a variety of documents. These usually include:

• A valid passport that will remain valid throughout the requested extension.
• Current and previous I-94 records.
• Visa stamp copy and entry records.
• Proof of financial support, such as bank statements or affidavits.
• Letter of explanation, detailing the reason for the extension or status change.
• Documentation from the principal visa holder, if filing as a dependent.

In student-related filings, a new Form I-20 (F-1/F-2) or DS-2019 (J-1/J-2) must be included.

How to Fill Out the I-539 Form

The form is divided into multiple sections:

• Part 1 – Information About You: Basic biographical and immigration information.
• Part 2 – Application Type: Specify whether you’re requesting an extension, change, or reinstatement.
• Part 3 – Processing Information: Prior status, travel history, and other relevant data.
• Part 4 – Additional Information: Answer questions related to criminal, immigration, and health history.
• Part 5 – Applicant Declaration: Confirmation that all data provided is truthful.
• Parts 6-7 – Interpreter and Preparer Sections: Required if someone else completes the form for the applicant.

The form must be signed, dated, and include all necessary attachments before submission.

Filing Options and Procedures

Form I-539 can be filed online or by mail, depending on the specific visa category and USCIS rules. Applicants must review the instructions to determine which option is appropriate. When submitting by mail, the package must be sent to the correct USCIS lockbox or service center based on the applicant’s location and visa type.

If filing online, users will need to create a USCIS account and follow prompts to complete and upload documents electronically.

Fees and Payment

As of current standards, the fees include:

• $370 filing fee.
• $85 biometric services fee (for most applicants, including dependents).

Payment can be made by check, money order, or credit card using a specific authorization form. It’s important to submit the exact amount; incorrect fees will result in rejection of the application.

Biometrics Requirement

After filing, most applicants will receive a notice to appear for biometrics collection. This includes fingerprinting, photographing, and identity verification at a local USCIS Application Support Center.

Attending the biometrics appointment is mandatory. Failing to appear without rescheduling will likely lead to denial of the application.

How Long Does the I-539 Process Take?

Processing times can vary greatly depending on:

• Type of nonimmigrant status requested.
• USCIS service center workload.
• Whether additional evidence is requested.

Generally, it may take 2 to 12 months. Applicants can track the progress using the receipt number issued by USCIS. It is essential to remain in status while the application is under review.

If USCIS requires more documents or clarification, they may send a Request for Evidence (RFE), which must be answered promptly and completely.

Maintaining Lawful Status While the I-539 Is Pending

If the application is filed before the current status expires, and the applicant continues to follow the terms of their current visa, they are usually allowed to remain in the U.S. lawfully while the petition is pending. However, activities related to the requested new status cannot begin until approval is granted.

For example, an individual changing from B-2 to F-1 cannot begin studying until USCIS formally approves the change.

Common Mistakes to Avoid

Several errors can cause delays or denials:

• Submitting an outdated form.
• Not signing the application.
• Incorrect fee payment.
• Filing too late (after the visa has already expired).
• Insufficient explanation or documentation.
• Not attending the biometrics appointment.

Reviewing the instructions carefully and double-checking all information can help prevent these issues.

I-539 for Families and Dependents

The I-539 form also allows for co-applicants, typically family members. For example, a spouse and children of an H-1B worker can apply together as H-4 dependents.

In such cases, only one principal applicant needs to complete the form, listing dependents in the co-applicant sections. Supporting documents should be provided for each dependent, such as birth certificates and proof of relationship.

Denial and Its Consequences

If an I-539 is denied, the applicant must:

• Cease any activities tied to the requested status.
• Prepare to depart the United States immediately.
• Seek legal advice if there are options to appeal or file a motion to reopen.

Remaining in the U.S. unlawfully after a denial can result in bars to future entry, deportation proceedings, or being deemed inadmissible.

Reinstatement Through I-539

Students and exchange visitors (F-1, J-1) who fall out of status may use Form I-539 to apply for reinstatement. This is a complex process requiring a strong explanation of the reasons for the violation and supporting evidence that the violation was not willful.

USCIS will consider factors such as:

• The nature of the status violation.
• Whether the applicant is pursuing a full course of study.
• The time elapsed since falling out of status.

Reinstatement is not guaranteed and is granted only under limited circumstances.

Conclusion

The I-539 form is a critical component of the U.S. immigration process for nonimmigrants who need to extend or change their legal status. While the application may appear straightforward, it involves a detailed understanding of immigration laws, careful documentation, and strict adherence to procedures.

Applicants must ensure they meet eligibility requirements, submit accurate information, and respond promptly to all USCIS correspondence. Any errors or delays can result in severe consequences, including the loss of lawful status.