Supplement A to Form I-539 (Filing Instructions for V Nonimmigrant Status)

OMB No. 1615-0004; Exp. 08/31/08

Instructions for Supplement A to Form I-539,

Department of Homeland Security
U.S. Citizenship and Immigration Services

(Filing Instructions for V Nonimmigrant Status)

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form.
This form contains additional instructions for Form I-539,
Application to Extend/Change Nonimmigrant Status, for
aliens physically in the United States who are applying to the
U.S. Citizenship and Immigration Services (USCIS) for V
nonimmigrant status. If you are not applying to obtain V
nonimmigrant status, you do not need to use this form.
Aliens who are applying for V nonimmigrant status should
complete Form I-539, and follow the instructions contained in
this Supplement A to Form I-539 as well as those contained
in Form I-539.
NOTE: Aliens who are using this form in conjunction with
the Form I-539 do not necessarily have to be in a valid
nonimmigrant status to obtain V nonimmigrant status in the
United States. See "Who Is Eligible for V Nonimmigrant
Status?" below.

Who May File This Form I-539A.
Who Is Eligible for V Nonimmigrant Status?
To be eligible for V nonimmigrant status, an alien must be the
spouse or child of a lawful permanent resident and be the
beneficiary of a properly filed Form I-130, Petition for Alien
Relative, filed on or before December 21, 2000. In addition,
the Form I-130 must have been filed three or more years prior
to the date of filing Supplement A to Form I-539, and be:
1. Still pending; or
2. Approved, and the alien beneficiary must either:
A. Be waiting for an immigrant visa number to become
available; or
B. If the visa number is immediately available, the alien
must have pending an application for adjustment of
status or an application for an immigrant visa.
In addition, applicants must be admissible to the United
States, except where the grounds of inadmissibility do not
apply or have been waived. The grounds of inadmissibility
that do not apply are Immigration and Nationality Act (INA),
sections:
1. 212(a)(6)(A) -- Aliens present without admission or parole;

2. 212(a)(7) -- Aliens without valid passports, visas, or other
entry documents; and
3. 212(a)(9)(B) -- Aliens who were unlawfully present for
more than 180 days, then departed, and seek admission
while barred from doing so.

General Instructions.
Step 1. Fill Out the Form I-539
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Additional Instruction For Completing Form I-539
1. The applicant should check box "b" in Part 2 of Form
I-539, and indicate "V" in the provided space;
2. The applicant should use information from the qualifying
Form I-130 for his or her response to Part 3, Question 4 of
Form I-539.

Step 2. General requirements
In addition, the following must be submitted:
1. Form I-693, Medical Examination of Aliens Seeking
Adjustment of Status, without the vaccination supplement;
and
2. Additional Initial Evidence. An alien applying for V
status with USCIS should submit proof of filing of the
immigrant petition that qualifies the alien for Vstatus, and
if necessary, proof of filing of the Form I-485, Application
to Register Permanent Residence or Adjust Status. Proof
of filing may be in the form of Form I-797, Notice of
Action, that serves as a receipt or as a notice of approval, or
a receipt for a filed Form I-130 or Form I-485, or notice of
approval issued by a local field office.
If the alien does not have such proof, USCIS will review
other forms of evidence, such as correspondence to or
from USCIS regarding a pending petition.
Form I-539, Supplement A, Instructions (Rev. 07/30/07) N

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.

Where To File.
Aliens seeking V nonimmigrant status should submit their
Form I-539 application to:

As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties.

USCIS
P.O. Box 7216
Chicago, IL 60680 - 7216

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-539A, we
will deny the Form I-539 and may deny any other immigration
benefit.

What Is the Filing Fee.

In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

For further information on the filing fee, see Form I-539
instructions.

Address Changes.
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our internet website at www.uscis.gov.

Privacy Act Notice.
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of
your Form I-539.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 30 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Management Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529.
OMB No. 1615-0004. Do not mail your application to this
address.

Form I-539, Supplement A, Instructions (Rev. 07/30/07) N Page 2