If you are in the United States on a temporary visa, you might need to extend your stay or change your status while you’re here. Form I-539, also known as the “Application to Extend/Change Nonimmigrant Status,” is the form you need to file for these purposes. Whether you’re a student, tourist, or temporary worker, this form helps you apply to extend your authorized stay or switch to a different nonimmigrant category, such as changing from a tourist visa (B-2) to a student visa F-1. This guide will walk you through everything you need to know about Form I-539, including processing times, costs, eligibility, supporting documents, and common questions.
What is Form I-539?
Form I-539 is used by individuals who are currently in the U.S. on a temporary visa and wish to:
- Extend their stay in the same nonimmigrant category (e.g., extending a visitor or student visa).
- Change their status to a different nonimmigrant category (e.g., changing from a tourist visa to a student visa).
Nonimmigrants (people who are not planning to permanently live in the U.S.) can use this form to request more time or change their visa type while they are in the country.
How Long Does It Take to Process Form I-539?
The processing time for Form I-539 can vary depending on several factors, including your current visa type, whether you’re requesting an extension or change of status, and which U.S. service center is handling your application.
To get the most accurate estimate for your situation, it’s best to check USCIS’ processing times tool on their website. Enter the form type (Form I-539) and your specific request (extension or change of status) to get a detailed time estimate.
How Much Does It Cost to File Form I-539?
The fee for filing Form I-539 is currently $470. In some cases, you might also need to pay an additional biometrics fee of $85. Biometrics are fingerprinting and other background checks required by USCIS.
Who Can File Form I-539?
Form I-539 can be filed by nonimmigrants who are currently in the U.S. under a valid nonimmigrant status. This includes individuals on visas such as:
- Students (e.g., F-1 visa holders)
- Tourists (e.g., B-2 visa holders)
- Temporary workers (e.g., H-1B visa holders)
In order to qualify for filing Form I-539, applicants must meet the following conditions:
- You were lawfully admitted to the U.S. on a nonimmigrant visa.
- Your current status has not expired before filing the form.
- You haven’t violated any immigration laws, committed any crimes, or otherwise jeopardized your eligibility.
- Nonimmigrant workers (such as H-1B holders) who lose their job and need to look for a new one in the U.S. may also use this form.
Please note that eligibility can vary based on your specific visa category and situation.
What Documents Are Required for Form I-539?
The documents you’ll need to submit with Form I-539 will depend on your individual situation and the type of extension or status change you’re requesting. However, the following documents are typically required:
- Form I-539 – Fully completed and signed by you.
- Filing fee – A check or money order for $470, and possibly an additional biometrics fee of $85.
- Passport copy – A copy of the biographic page of your passport, along with the page showing your current nonimmigrant visa or admission stamp.
- Proof of your current status – A copy of your I-94 (Arrival/Departure Record), which shows your entry date and current status.
- Documents supporting your request – For example:
- If you are extending your student visa, provide proof of ongoing enrollment.
- If you are a temporary worker, provide a job offer letter.
- Additional supporting documents – Depending on your specific case, you might need to submit other documents, such as evidence of financial support or proof of ties to your home country.
Each visa category may require different supporting documents. USCIS provides detailed checklists based on your specific visa status, so it’s important to review these before filing.
Frequently Asked Questions About Form I-539
Can I stay in the U.S. while my Form I-539 is pending?
Yes, you can stay in the U.S. while your Form I-539 is being processed, as long as you filed before your current visa expires. If you’ve applied for an extension or status change before your I-94 expiration date, you can remain in the U.S. for up to 240 days while USCIS reviews your application. However, you cannot work or attend school unless your new status allows it.
If your application is denied, you must leave the U.S. by the expiration date on your I-94.
What happens if my visa has expired before I file Form I-539?
If your visa has already expired before you submit Form I-539, it’s best to apply for an extension or change of status as soon as possible. Filing too late could result in negative consequences, such as being barred from re-entering the U.S. or being deported.
To avoid this, USCIS recommends applying for an extension at least 45 days before your visa expires. If your visa has already expired, you might need to apply for a new visa from your home country instead of filing Form I-539 from within the U.S.
Can I file Form I-539 if I am in the U.S. illegally?
If you are out of status (i.e., you have overstayed your visa), it may be difficult or impossible to file Form I-539. In most cases, you must be in valid status to request an extension or change of status. If you’re in this situation, it’s important to consult an immigration attorney or expert, such as Law and Visas, to understand your options.
Can my spouse and children file Form I-539 with me?
Yes, Your spouse and children (under 21) can include themselves on your Form I-539 if they share your current status and need to extend or change their stay. Each family member will need to file a separate application, but you can submit them together in the same packet.
Why Choose Law and Visas for Your I-539 Application?
Filing for a change or extension of nonimmigrant status can be complex, and it’s easy to miss important details that could cause delays or denials. Law and Visas provides expert assistance to help you navigate the entire process. We help you take the necessary steps and complete everything accurately and efficiently, whether you’re extending your stay, changing your status, or deciding what to do next.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
