USCIS Form I-539: Everything You Need to Know

USCIS Form I-539, also known as the Application to Extend/Change Nonimmigrant Status, is a form used by nonimmigrants in the United States to request a stay extension or a change in their nonimmigrant status. This form is required if you wish to extend your stay in the United States beyond your authorized period of admission or change your nonimmigrant status to a different category. In this article, we will cover everything you need to know about USCIS Form I-539, including eligibility requirements, required documentation, filing fees, and processing times.

What is I 539?

USCIS I-539 is an application form 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 United States temporarily for a short period of time for a specific reason, such as tourism, business, or education. USCIS Form I-539 is used to apply for a variety 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 an extension of stay in the United States for the same nonimmigrant status or to request a change to another nonimmigrant status.

Who is eligible to file USCIS I-539?

To be eligible to file USCIS I-539, you must meet the following criteria:

- You must be currently staying in the United States on a nonimmigrant visa.

- Your current visa status must be valid.

- You must not have broken any immigration laws while in the US.

- You must have a legitimate reason for requesting a stay extension or change of status.

- You must show proof that you can support yourself financially while in the United States.

It is important to note that eligibility requirements may differ depending on the type of nonimmigrant status you currently hold or seek. It is strongly advised that you seek the advice and assistance of an immigration attorney when determining your eligibility and preparing your USCIS I-539 application.

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 via the USCIS Electronic Filing System (e-Filing). In order to file I539via 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. Finally, you will mail your completed form and documents to the USCIS Lockbox facility that serves your area. 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 through the USCIS e-Filing system. In order to do this, you will have to create a USCIS online account. After creating the account, you will complete and submit the electronic form, and pay the required filing fees electronically. 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?

Form I-539, Application to Extend/Change Nonimmigrant Status, can be filed online. Through its Electronic Immigration System, the United States Citizenship and Immigration Services (USCIS) offers an online filing option for Form I-539 (ELIS).

In order to file Form I 539 online, you must first set up an ELIS account and fill out the online application form. You must also pay the I-539 filing fee online and submit any necessary supporting documents electronically.

Before submitting the application online, reading carefully the I539 instructions and eligibility requirements for Form I-539 can be better to ensure that you are eligible to apply for a nonimmigrant status extension or change. If you have any questions or concerns about the application process, you should speak with an immigration lawyer or an accredited representative.

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 filing fee is $370, plus an additional $85 biometric services fee for I-539 form applicants between the ages of 14 and 79. If you are filing Form I-539 with a Form I-129, Petition for Nonimmigrant Worker, the fee is $460. However, depending on the purpose of your application, additional fees may be required. 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?

Appointments for biometric services include the collection of an applicant's fingerprints, photograph, and signature in order to conduct a background check and verify the applicant's identity. The appointment is usually scheduled at a US Citizenship and Immigration Services (USCIS) Application Support Center (ASC). After submitting the I-539 application and the required biometric services fee, an applicant will receive a notice in the mail with the date, time, and location of their biometric services appointment. It is critical that you attend the appointment on time and bring the appointment notice as well as any other required identification documents. Following the biometric services appointment, USCIS will conduct a background check and process the application for an extension or change of status. I-539 processing time varies depending on the specific circumstances and workload of the USCIS office handling the 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?

Traveling while your USCIS Form I-539 application is pending is dependent on your personal circumstances and the type of nonimmigrant status you are applying for or extending. If you are in the United States on a B-1 or B-2 visitor visa and your I539 application to change to another nonimmigrant status is pending, you may travel outside the country, but your application will be considered abandoned, and you will need to reapply and pay the filing fees again if you want to proceed with your application. If you are in the United States on a different nonimmigrant visa, such as an F-1 student visa, and have filed Form I-539 to extend or change your status, you should not leave the country while your application is pending. If you leave the United States while your application is pending, it will be considered abandoned, and you will have to reapply and pay the filing fees again if you want to proceed with your application.

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?

You may be able to remain in the United States while your I-539 application to extend or change your nonimmigrant status is pending. However, whether you can stay or not is determined by a number of factors. However, in some situations, you may not remain in the US. Because of that, you had better ask an experienced immigration attorney. 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?

If your USCIS Form I-539 application is denied, you may have options for addressing the denial depending on the reason for the denial and your individual circumstances. Consider the following options:

Reapplying: If your I-539 application was denied due to a technical error or a clerical error, you may be able to reapply for the same or another nonimmigrant status.

Appealing: If you believe that USCIS made an error or did not follow the law or regulations when denying your I-539 application, you may be able to appeal the decision. However, not all types of applications are eligible for appeal, so consult with an immigration attorney to see if an appeal is an option in your case. Filing a motion to reopen or reconsider:You may be able to file a motion to reopen or reconsider your case if new evidence has come to light or there is reason to believe that USCIS did not consider all of the relevant evidence in your case.

Seeking other options: If you cannot reapply, appeal, or file a motion to reopen or reconsider your case, you might consider other nonimmigrant status options, such as applying for a different nonimmigrant status or seeking permanent residency through family or employment-based channels. It is important to note that the procedures for dealing with a denial can be complicated and time-sensitive, so it is strongly advised that you consult with an experienced immigration attorney for advice on your specific case.

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.

Receipt Notice:

After receiving your Form I-539, USCIS will give you a receipt notice (Form I-797C). Your case receipt number is often included in this notice. Using this number, you can check the status of your case online.

Case Updates by Mail:

USCIS may send you additional communications by mail, such as approval notices, requests for more evidence (RFE), or, if necessary, an interview notice. Keep an eye out for any correspondence from USCIS in your mailbox.

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.”