Let’s guess, you are currently in the US on a type of non-immigrant visa – such as the F-1 student visa or the B-2 tourist visa, and you are supposed to leave the USA when the visa expires. For now, you are not planning to leave. Here comes Form I-539, widely known as a form that is significantly used for an extension of stay or a change to another nonimmigrant status. In some cases, this form also can be used to apply for initial nonimmigrant status. However, the application must be submitted before your current authorized stay expires.
Eligibility check for Form I-539:
· A-1, A-2, A-3 diplomatic visas.
· CW-1 dependents.
· B1, B2 business and tourism visas.
· H visa dependents.
· F academic student visas.
· L intra-company transfer visas.
· J1 exchange visitor visas.
· M vocational/non-academic visas.
· R visa dependents.
· O visa dependents.
· TD dependents.
Similarly to the other USCIS forms, Form I-539 also demands some documents attached herewith. If you do not want to get your application rejected, you must meet all the formalities mentioned below:
· An amount charged for extension or changed visa.
· Most recent I-94 form provided by USCIS or the Customs and Border Protection (CBP).
· Scanned copies of your valid passport.
· Confirmation about your financial backup.
· A proper explanation of why you need to extend your visa or change it to another category. Justify your claim with proper documents.
Procedures to follow to fill up a Form I-539:
1. Provide your information: You need to provide all the information mentioned in the form. It might consist of your A number, USCIS Online Account Number, U.S. Social Security Number, I-94 number, Travel Document Number and similar stuff. The availability of this information differs from case to case, hence, you are likely to have most of it.
2. Select the application type: There are two types of applications for an I-539 form. You can apply for an extension of your current visa or you can change the visa status. The form must be filled out according to your need. Nonetheless, your spouse and children who are below 21 can also be included in this form. All you need to ensure is they have the same status as yours or are derivatives on your original application.
3. Input the information: A Form I-539 consists of some blank boxes same as any other USCIS application. Enter your passport country, number, and expiration date, even if it has expired. Hereafter, the form will lead you to some questions related to your visa status, your residency, your background checks etc. Fill up all the information carefully and if you get confused at any point, consult with an expert (we would suggest talking to a lawyer). Remember, if USCIS finds any mismatch in your information, your application might get denied at any phase.
4. Submission procedure: Once you fill-up the form, you need to attach the supporting documents with it, based on the status you are applying for. There is also a filing fee, which in 2022 was $370, plus $85 for biometrics (fingerprinting), a total of $455.
DOs and DONTs while filling out Form I-539:
· Fill out all the information with Black ink only. Do not use any other color.
· Crosscheck the provided information. Do not forget to add the additional information on the last page if you find the initial information boxes are too short for you.
· Always apply with a valid passport. If the passport expires before you apply, USCIS might demand a proper explanation for it.
· Do apply before your I-94 goes out of date. If your I-94 expires, you cannot apply for a visa extension.
