Table of Changes

Table of Changes 10-15-07.doc

Application to Extend/Change Nonimmigrant Status

Table of Changes

OMB: 1615-0003

Document [doc]
Download: doc | pdf

Draft 20070702

I-539 Instructions

Old

New


Page 3











  • A J-1, Exchange Visitor.

If you are requesting a change of status to J-1, your application must be filed with an original DS-2019, Certificate of Eligibility for Exchange Visitor Status. You must also submit your original Form I-94, as well as the original form I-94 for each person included in the application.


NOTE: A J-1 exchange visitor whose status is for the purpose of receiving graduate medical education or training, who has not received the appropriate waiver, is ineligible for any change of status. Also, a J-1 subject to the foreign residence requirement, who has not received a waiver of that requirement, is only eligible for a change of status to an A or G.


J-1 Extensions:


If you are seeking an extension, contact the responsible officer of your program for information about this procedure.


J-1 Reinstatement:


If you are a J-1 exchange visitor seeking reinstatement, you may need to apply for such approval by the Department of State’s Office of Education and Cultural Affairs. Contract the responsible officer at your sponsoring program for information on the restatement filing procedure.





  • A J-1, Exchange Visitor.

If you are requesting a change of status to J-1 nonimmigrant classification, your application must be filed with an original DS-2019, Certificate of Eligibility for Exchange Visitor Status. You must also submit your original Form I-94, as well as the original Form I-94 for each person included in the application.


J-1 Extensions:


If you are a J-1 exchange visitor seeking an extension of nonimmigrant status, contact the responsible officer of your program for information about this procedure.


J-1 Reinstatement:


If you are a J-1 exchange visitor seeking reinstatement, you may need to apply to the Department of State’s Office of Education and Cultural Affairs for such approval. Contract the responsible officer at your sponsoring program for information on the restatement filing procedure.


Notice to J Nonimmigrants.


A J-1 exchange visitor whose status is for the purpose of receiving graduate medical education or training, and who has not received the appropriate waiver, is ineligible for change of status except to a nonimmigrant T or U visa. In addition, a J-1 exchange visitor who is subject to the foreign residence requirement, and who has not received a waiver of that requirement, is only eligible for a change of status to a nonimmigrant A, G, T, or U visa.


If a J-1 exchange visitor is subject to the foreign residence requirement, the J-2 dependant is also subject, as a derivative, to this requirement. If the J-1 exchange visitor obtains a waiver of the foreign residence requirement, the J-2 dependant is also exempt from the requirement. Under certain limited circumstances a J-2 dependant may be independently eligible for a waiver of the foreign residence requirement.


A former J nonimmigrant (either a J-1 principal or a J-2 dependant) subject to the foreign residence requirement, who is currently maintaining another nonimmigrant visa status, continues to be subject to the foreign residence requirement. As noted above, the former J nonimmigrant is ineligible for a change of status until he or she fulfills the foreign residence requirement or obtains the appropriate waiver.


If you are a current or former J nonimmigrant, you must provide information about this status, including the dates you maintained status as a J-1 exchange visitor or a J-2 dependant. Willful failure to disclose this information (or other relevant information) can result in your application being denied. Please provide proof of this status along with your application, such as a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, or a copy of your passport that includes the J visa stamp.



I-539

Form Changes



Page 2, Part 4:

Additional Information



FOLLOWING QUESTION g. ADD:


h. Are you currently or have you ever been a J-1 exchange visitor or a J-2 dependent of a J-1 exchange visitor?


Yes No


If yes, you must provide the dates you maintained status as a J-1 exchange visitor or J-2 dependant. Willful failure to disclose this information (or other relevant information) can result in your application being denied. Also, please provide proof of your J-1 or J-2 status, such as a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor Status or a copy of your passport that includes the J visa stamp.

























Page 2, Part 4, Question 3,

d. Have you or any other person, included in this application, ever been arrested or convicted of any criminal offense since last entering the U.S.








CHANGE AND ADD AS FOLLOWS:

d.1. Have you or any other person, included in this application, ever been arrested or convicted of any criminal offense since last entering the U.S.



d.2. Have you EVER ordered, incited, called for, committed, assisted, helped with, or otherwise participated in any of the following:

(a) acts involving torture or genocide?

(b) killing any person?

(c) intentionally and severely injuring any person?

(d) engaging in any kind of sexual contact or relations with any person who was being forced or threatened ?

(e) limiting or denying any person's ability to exercise religious beliefs?


Yes □ No


d.3. Have you EVER:

(a) served in, been a member of, assisted in, or participated in any military unit, paramilitary unit, police unit, self-defense unit, vigilante unit, rebel group, guerrilla group, militia, or insurgent organization?

(b) served in any prison, jail, prison camp, detention facility, labor camp, or any other situation that involved detaining persons?



Yes □ No


d.4. Have you EVER been a member of, assisted in, or participated in any group, unit, or organization of any kind in which you or other persons used any type of weapon against any person or threatened to do so?

Yes No




d.5. Have you EVER assisted or participated in selling or providing weapons to any person who to your knowledge used them against another person, or in transporting weapons to any person who to your knowledge used them against another person?

Yes No


d.6. Have you ever received any type of military, paramilitary or weapons training?


Yes □ No





Page 2, Part 4, Additional Information, Question 3 (very end of this block.

  • If you answered "Yes" to….

  • .

  • .



Page 2, Part 5. Signature

I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct. I authorize the release of any information from my record that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit I am seeking.

















Page 2, Part 5. Signature





















Page 2, Part 6, Signature of person preparing form, if other than above. (Sign below).

ADD FOURTH BULLET WITH THE FOLLOWING TEXT:

  • If you answered "Yes" to any of the questions listed in Question 3.d, please describe fully the circumstances on a separate sheet of paper.





Part 5. Applicant's Statement and Signature. (Read the information on penalties in the instructions before completing this section. You must file this application while in the United States).


Applicant's Statement (check one):

[ ] I can read and understand English, and have read and understand each and every question and instruction on this form, as well as my answer to each question.

[ ] Each and every question and instruction on this form, as well as my answer to each question, has been read to me by the person named below in _____________, a language in which I am fluent. I understand each and every question and instruction on this form, as well as my answer to each question.


Continue with:

Applicant's Signature:

I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct. I authorize the release of any information from my records that the United States Citizenship and Immigration Services needs to determine eligibility for the benefit I am seeking.




ADD AFTER PART 5:


Part 6, Interpreter's Statement.

Language used: _________________________


I certify that I am fluent in English and the above-mentioned language.


I further certify that I have read each and every question and instruction on this form, as well as the answer to each question, to this applicant in the above-mentioned language, and the applicant has understood each and every instruction and question on the form, as well as the answer to each question.


SIGNATURE:__________________________________ DATE: ______________




Part 7, Signature of Person Preparing Form, if Other than Above. (Sign below).


File Typeapplication/msword
File TitleI-129
AuthorUser_Template
Last Modified ByUSCIS
File Modified2007-10-15
File Created2007-10-15

© 2024 OMB.report | Privacy Policy