This form is used by a nonimmigrant to
apply for an extension of stay or change of nonimmigrant status.
Additionally, the data will be used by USCIS to determine
eligibility for the requested immigration benefit.
On Wednesday, July 29,
2020, DHS was enjoined by the U.S. District Court for the Southern
District of New York from enforcing, applying, implementing, or
treating as effective the Public Charge Final Rule, which was
implemented on February 24, 2020, in the states of NY, CT, and VT.
USCIS has been advised by the U.S. Department of Justice that the
injunction covers the use of this information collection instrument
approved with the Public Charge Final Rule. In light of the
injunction, USCIS will need to revise this form’s instructions to
provide guidance to filers from those states that they should not
fill out the data elements added pursuant to the Public Charge
Final Rule.
US Code:
8 USC
1258 Name of Law: United States Code
USCIS is reporting a 66,230
increase in the time burden for the I-539 paper file option. This
increase is due to a more accurate calculation of the estimated
time burden to complete form I-539 paper file option in response to
the changes proposed in the Inadmissibility on Public Charge
Grounds Rule. The 2.38 hrs time burden change was listed in the
Notice of Proposed Rulemaking, but was inadvertently omitted in the
Final Rulemaking publication. USCIS is correcting this inadvertence
through a non-substantive change request via OMB Form 83-I.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.