Application to Extend/Change Nonimmigrant Status

Application to Extend/Change Nonimmigrant Status

I-539instr

Application to Extend/Change Nonimmigrant Status

OMB: 1615-0003

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OMB No. 1615-0003; Expires 12/31/08

Instructions for Form I-539, Application
to Extend/Change Nonimmigrant Status

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

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.
NOTE: You have the option of submitting this paper version of Form I-539 according to form's instructions or you may file the
application electronically. To file electronically, visit our Internet website at www.uscis.gov and follow the instructions on e-filing.
Whether you submit this paper form or e-file, U.S. Citizenship and Immigration Services (USCIS) recommends that you retain a copy
of your application and supporting documents for your records.

What Is the Purpose of This Form?
You should use this form if you are one of the nonimmigrants
listed below and wish to apply to U.S. Citizenship and
Immigration Services (USCIS) for an extension of stay, or a
change to another nonimmigrant status.
In certain situations, you may use this form to apply for an
initial nonimmigrant status.
You may also use this form if you are a nonimmigrant F-1, or
M-1 student applying for reinstatement.

When Should I Use Form I-539?

Multiple Applicants
You may include your spouse and your unmarried children
under age 21 years as co-applicants in your application for the
same extension or change of status, if you are all now in the
same status or they are all in derivative status.
Nonimmigrant Categories
This form may be used by the following nonimmigrants listed
in alphabetical order:

1. An A, Ambassador, Public Minister, or
Career Diplomatic or Consular Officer
and their immediate family members

You must submit an application for extension of stay, or
change of status before your current authorized stay expires.
We suggest you file at least 45 days before your stay expires,
or as soon as you determine your need to change status.
Failure to file before the expiration date may be excused if you
demonstrate when you file the application that:

You must submit a copy, front and back, of the Form I-94
of each person included in the application and a Form
I-566, Interagency Record of Individual Requesting
Change, Adjustment to, or from, A to G Status; or
Requesting A, G or NATO Dependent Employment
Authorization, certified by the U.S. Department of State to
indicate your accredited status.

1. The delay was due to extraordinary circumstances beyond
your control;

NOTE: An A-1 or A-2 nonimmigrant is not required to
pay a fee with the Form I-539 application.

2. The length of the delay was reasonable;
3. You have not otherwise violated your status;
4. You are still a bona fide nonimmigrant; and
5. You are not in removal proceedings.

Who May File This Form I-539?

2. An A-3, Attendant or Servant of
an A Nonimmigrant and the A-3's
immediate family members
You must submit a copy, front and back, of Form I-94 of
each person included in the application.
The application must be filed with:

Extension of Stay or Change of Status

A. A copy of your employer's Form I-94 or approval
notice demonstrating A status;

Nonimmigrants in the United States may apply for an
extension of stay or a change of status on this form, except as
noted in these instructions under the heading, "Who May Not
File This Form I-539."

B. An original letter from your employer describing your
duties and stating that he or she intends to personally
employ you, and arrangements you have made to
depart from the United States; and
Form I-539 Instructions (Rev. 12/31/07) Y

C. An original Form I-566, certified by the U.S.
Department of State, indicating your employer's
continuing accredited status.

3. A B-1, Visitor for Business or
B-2, Visitor for Pleasure
If you are filing for an extension/change, you must file
your application with the original Form I-94 of each
person included in your application. In addition, you must
submit a written statement explaining in detail:
A. The reasons for your request;
B. Why your extended stay would be temporary, including
what arrangements you have made to depart from the
United States; and

5. An F-1, Academic Student
To request a change to F-1 status or to apply for
reinstatement as an F-1 student, you must submit your
original Form I-94, as well as the original Form I-94 of
each person included in the application.
Your application must include your original Form I-20
(Certificate of Eligibility for Nonimmigrant Student)
issued by the school where you will study. To request
either a change or reinstatement, you must submit
documentation that demonstrates your ability to pay for
your studies, and support yourself while you are in the
United States.
F-1 Extensions

C. Any effect the extended stay may have on your foreign
employment or residency.

Do not use this form to request an extension. For
information concerning extensions, contact your
designated school official at your institution.

If you are applying for an extension/change of B-1, Visitor
for pleasure, you must designate your desired status using
the following classification in Part 2.1.b of Form I-539:

F-1 Reinstatement

A. B-1A, non-immigrant who is the personal or domestic
servant of a nonimmigrant employer;
B. B-1B, nonimmigrant domestic servant of a U.S. citizen;
C. B-1C, non-immigrant who is employed by a foreign
airline;
D. B-1D, non-immigrant who is a missionary;
E. B-1, all other visa classifications not designated above.

4. Dependents of an E, Treaty Trader or Investor,
or Australian Specialty Occupation Worker
If you are filing for an extension/change of status as the
dependent of an E, this application must be submitted with:
A. Form I-129, Petition for Alien Worker, filed for that E
or a copy of the filing receipt noting that the petition is
pending with USCIS;
B. A copy of the E's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).
NOTE: An employer or investor should file Form I-129
to request an extension/change to E status for an employee,
prospective employee, or the investor. Dependents of E
employees should file for an extension/change of status on
this form, not Form I-129.

You will only be considered for reinstatement as an F-1
student if you establish:
A. That the violation of status was due solely to
circumstances beyond your control or that failure to
reinstate you would result in extreme hardship;
B. You are pursuing or will pursue a full course of study;
C. You have not been employed without authorization;
and
D. You are not in removal proceedings.

6. A G, Designated Principal Resident
Representative of a Foreign Government
and his or her immediate family members
You must submit a copy, front and back, of Form I-94 for
each person included in the application, and a Form I-566,
certified by the U.S. Department of State to indicate your
accredited status.
NOTE: A G-1 through G-4 nonimmigrant is not required
to pay a fee with the I-539 application.
The application must also be filed with:
A. A copy of your employer's Form I-94 or approval
notice demonstrating G status;
B. An original letter from your employer describing your
duties and stating that he or she intends to personally
employ you and arrangements you have made to depart
from the United States; and
Form I-539 Instructions (Rev. 12/31/07) Y Page 2

7. Dependents of an H, Temporary Worker
If you are filing for an extension/change of status as the
dependent of an employee who is an H temporary worker,
this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS;
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).
NOTE: An employer should file Form I-129 to request an
extension/change to H status for an employee or
prospective employee. Dependents of such employees
should file for an extension/change of status on this form,
not on Form I-129.

8. 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 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.

9. Dependents of an L, Intracompany Transferee
If you are filing for an extension/change of status as the
dependent of an employee who is an L intracompany
transferee, this application must be submitted with:
A. The Form I-129 filed for that employee, or a copy of
the filing receipt noting that the petition is pending
with USCIS;

If you are a J-1 exchange visitor seeking reinstatement,
you may need to apply to the U.S. 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.

B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and

Notice to J Nonimmigrants

NOTE: An employer should file Form I-129 to request an
extension/change to L status for an employee or
prospective employee. Dependents of such employees
should file for an extension/change of status on this form,
not on Form I-129.

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.

C. Evidence of relationship (example: birth or marriage
certificate).

Form I-539 Instructions (Rev. 12/31/07) Y Page 3

10. An M-1, Vocational or Non-Academic Student
To request a change to or extension of M-1 status, or apply
for reinstatement as an M-1 student, you must submit your
original Form I-94, as well as the original Form I-94 of
each person included in the application.
M-1 Reinstatement
A. The violation of status was due solely to circumstances
beyond your control or that failure to reinstate you
would result in extreme hardship;
B. You are pursuing or will pursue a full course of study;
C. You have not been employed without authorization;
and
D. You are not in removal proceedings.
NOTE: If you are an M-1 student, you are not eligible for
a change to F-1 status, and you are not eligible for a change
to any H status if the training you received as an M-1 helps
you qualify for the H status. Also, you may not be granted
a change to M-1 status for training to qualify for H status.

11. Dependents of a P, Artists,
Athletes and Entertainers
If you are filing for an extension/change of status as the
dependent of an employee who is classified as a P
nonimmigrant, this application must be submitted with:
A. The Form I-129 filed for that employee or a copy of
the filing receipt noting that the petition is pending
with USCIS;
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).
NOTE: An employer should file Form I-129 to request an
extension/change to P status for an employee or
prospective employee. Dependents of such employees
should file for an extension/change of status on this form,
not on Form I-129.

12. Dependents of an R, Religious Worker
If you are filing for an extension/change of status as the
dependent of an employee who is classified as an R
nonimmigrant, this application must be submitted with:

B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and
C. Evidence of relationship (example: birth or marriage
certificate).

13. TD Dependents of TN Nonimmigrants

TN nonimmigrants are citizens of Canada or Mexico who
are coming as business persons to the United States to
engage in business activities at a professional level
pursuant to the North American Free Trade Agreement
(NAFTA). The dependents (spouse or unmarried minor
children) of a TN nonimmigrant are designated as TD
nonimmigrants. A TD nonimmigrant may accompany or
follow to join the TN professional. TD nonimmigrants
may not work in the United States.
Form I-539 shall be used by a TD nonimmigrant to request
an extension of stay or by an applicant to request a change
of nonimmigrant status to TD classification.
If you are filing for an extension/change of status as the
dependent of an employee who is classified as a TN
nonimmigrant, this application must be submitted with:
A. Form I-129 filed for that employee or a copy of the
filing receipt noting that the petition is pending with
USCIS;
B. A copy of the employee's Form I-94 or approval notice
showing that he or she has already been granted status
to the period requested on your application; and

C. Evidence of relationship (example: birth or marriage
certificate).

14. A V, Spouse or Child of a Lawful Permanent
Resident
Use this Form I-539 if you are physically present in the
United States and wish to request initial status or change
status to a V nonimmigrant, or to request an extension of
your current V nonimmigrant status.
Applicants should follow the instructions on this form and
the attached instructions to Supplement A to Form I-539,
Filing Instructions for V Nonimmigrants. The supplement
contains additional information and the location where V
applicants must file their applications.

A. The Form I-129 filed for that employee or a copy of
the filing receipt noting that the petition is pending
with USCIS;
Form I-539 Instructions (Rev. 12/31/07) Y Page 4

NOTE: In addition to the $300 application fee required to
file Form I-539, V applicants are required to pay a $80
biometric services fee for USCIS to take their fingerprints.

1. An alien in transit (C) or in transit without a visa (TWOV);

If necessary, USCIS may also take the V applicant's
photograph and signature as part of the biometric services.

A spouse (K-3) of a U.S. citizen and their children (K-4),
accorded such status pursuant to the LIFE Act, may not
change to another nonimmigrant status.

Notice to V Nonimmigrants
The Legal Immigration Family Equity Act (LIFE), signed
into law on December 21, 2000, created a new V visa.
This nonimmigrant status allows certain persons to reside
legally in the United States and to travel to and from the
United States while they wait to obtain lawful permanent
residence.
In order to be eligible for a V visa, all of the following
conditions must be met:

2. A crewman (D); or
3. A fiance'(e) or dependent of a fiance'(e) (K)(1) or (K)(2).

EXCEPTION: A K-3 and K-4 are eligible to apply for an
extension of status. They should file for an extension during
the processing of Form I-130 filed on their behalf and up to
completion of their adjustment of status application.
NOTE: Any nonimmigrant (A to V) may not change their
status to K-3 or K-4.

General Instructions

A. You must be the spouse or the unmarried child of a
lawful permanent resident;

Step 1. Fill Out Form I-539

B. A Form I-130, Petition for Alien Relative, must have
been filed for you by your permanent resident spouse
on or before December 21, 2000; and

2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.

C. You must have been waiting for at least three years
after Form I-130 was filed for you;

3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "none."

Or you must be the unmarried child (under 21 years of
age) of a person who meets the three requirements listed
above.
V visa holders will be eligible to adjust to lawful
permanent resident status once an immigrant visa becomes
available to them. While they are waiting, V visa holders
may be authorized to work following their submission and
USCIS approval of their Form I-765, Application for
Employment Authorization.
WARNING: Be advised that persons in V status who
have been in the United States illegally for more than 180
days may trigger the grounds of inadmissibility regarding
unlawful presence (for the applicable 3-year or 10-year bar
to admission) if they leave the United States. Their
departure may prevent them from adjusting status as a
permanent resident.

Who May Not File This Form I-539?
You may not be granted an extension or change of status if
you were admitted under the Visa Waiver Program or if your
current status is:

1. Type or print legibly in black ink.

Step 2. General requirements
Required Documentation - Form I-94, Nonimmigrant
Arrival/ Departure Record. You are required to submit with
your Form I-539 application the original or copy, front and
back, of Form I-94 of each person included in your
application. If the original Form I-94 or required copy cannot
be submitted with this application, include a Form I-102,
Application for Replacement/Initial Nonimmigrant Arrival/
Departure Document, with the required fee.
Valid Passport. If you were required to have a passport to be
admitted into the United States, you must maintain the validity
of your passport during your nonimmigrant stay. If a required
passport is not valid when you file Form I-539 application,
submit an explanation with your form.
Additional Evidence. You may be required to submit
additional evidence noted in these instructions.

Translations. Any document containing foreign language

submitted to USCIS shall be accompanied by a full English
language translation which the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.
Form I-539 Instructions (Rev. 12/31/07) Y Page 5

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?
1. With some exceptions, Form I-539 is generally filed with
the California Service Center or the Vermont Service
Center.
California Service Center fillings cover the following
states: Alaska, Arizona, California, Colorado, Guam,
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, or Wyoming.
The mailing address is:
USCIS California Service Center
P.O. Box 10539
Laguna Niguel, CA 92607-1053
Vermont Service Center filings cover the following states:
Alabama, Arkansas, Connecticut, Delaware, Florida,
Georgia, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New Hampshire, New Jersey,
New Mexico, New York, North Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, South Carolina,
Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands,
West Virginia, and the District of Columbia.
The address for Vermont Service Center filings is:
USCIS Vermont Service Center
ATTN: I-539
75 Lower Welden Street
St. Albans, VT 05479
2. Applicants for change of status to E-1, E-2, E-3, H-4,
L-2, O-3, or P-4 as the dependent spouse or child or for
an E-1, E-2, E-3, H-4, L-2, O-3, P-4, or TD extension, as
the dependent spouse or child.
A. Filing Form I-539 at the same time as the principal:
If your Form I-539 for change of status or extension of
stay is filed at the same time as the principal's Form
I-129, Petition for Nonimmigrant Worker, (which
includes a request for change of status or extension of
stay), send the entire Form I-129/I-539 package to the
Vermont Service Center or the California Service
Center, depending on the State where the principal is or
will be employed temporarily.

B. Filing Form I-539 separately from the principal and
the principal's case is pending: If the principal's
Form I-129 (which includes a request for change of
status or extension of stay) is pending, file Form I-539
with the same Service Center where the principal's
Form I-129 is pending. Include a copy of Form I-129
filing receipt (or transfer notice) to show the pending
Form I-129 location.
C. Filing Form I-539 separately from the principal and
the principal's case is approved: If the principal's
Form I-129 (which included a request for change of
status or extension of stay) has already been approved,
file Form I-539 with the Service Center which
approved the principal's I-129 petition. Include a copy
of the Form I-129 approval notice to show the
approved Form I-129 location.
D. F-1 and M-1 students applying for F-1 and M-1
reinstatement: File Form I-539 with the California
Service Center or the Vermont Service Center,
depending on the State in which the educational
institution you attend or plan to attend is located.
E. All other applicants for change of status or
extension of stay (not listed above or in the
exceptions): File Form I-539 with the California
Service Center or the Vermont Service Center,
depending on the State where you live.
3. Exceptions
A. R-2 Religious Worker Dependents:
File Form I-539 with the California Service Center,
regardless of where the principal is/will be employed.
B. H-1 C Nurses dependents:
File Form I-539 with the California Service Center,
regardless of where the principal is/will be employed.
C. TD dependents of TN principals (Free TradeCanada and Mexico), H-4 dependents of H-1B1
principals (Free Trade-Singapore and Chile), and
E-3 dependents of E-3 principals (Free TradeAustralia):
File Form I-539 with the Vermont Service Center,
regardless of where the principal is/will be employed.
D. Dependents of Major League Sports Athletes or
Support Personnel:

Form I-539 Instructions (Rev. 12/31/07) Y Page 6

File with the Vermont Service Center. This covers
major league athletes, minor league sports, and any
affiliates associated with the major leagues in baseball,
hockey, soccer, basketball, and football. Support
personnel includes: coaches, trainers, broadcasters,
referees, linesmen, umpires, and interpreters.
E. A, G and NATO:
1. For change of status requests to A, G, or NATO
classification for employment with an embassy,
international organization, or NATO, mail Form
I-539 through your embassy, international
organization, or NATO to: U.S. Department of
State, Office of Protocol, 3507 International Place,
N.W., Suite 242, Washington, DC 20008.
2. For change of status requests to G classification for
employment with a foreign government's mission to
the United Nations or with the United Nations
Secretariat, mail Form I-539 through the foreign
government's mission or the UN Secretariat to:
U.S. Mission to the United Nations, 799 United
Nations Plaza, New York, NY 10017.
3. For a dependent spouse or child requesting a change
of status to a NATO classification based on the
principal's classification as a NATO nonimmigrant,
mail Form I-539 to: NATO/HQ SACT Legal
Affairs, 7857 Blandy Road, Suite 100, Norfolk, VA
23551. If you or the principal or the principal
NATO nonimmigrant through whom you derive
your status are posted at a national component or as
an exchange officer, please submit Form I-539 to
your embassy for proper filing through official
diplomatic channels.
4. For a change of status from A, G, or NATO
classifications to another nonimmigrant
classification, file Form I-539 with USCIS Service
Center designated to handle the new nonimmigrant
classification sought. You must submit with Form
I-539 an endorsement by the U.S. Department of
State Visa Office, or a USUN official at Part 7 on
the Form I-566 (interagency Record of Request-A,
G, or NATO Dependent Employment Authorization
or Change/Adjustment to Extend/Change
Nonimmigrant Status).
5. For extensions of stay for A-3, G-5, or NATO-7
nonimmigrants, submit your application through
your embassy or international organization, or
NATO command for proper filing through official
diplomatic channels.

F. V Nonimmigrants
Follow the filing instructions on Form I-539,
Supplement A, Filing Instructions for V
Nonimmigrants.
G. Updated Filing Address Information
The filing addresses provided on this form reflect the
most current information as of the date this form was
last printed.
If you are filing Form I-539 more than 30 days after
the latest edition date shown in the lower right-hand
corner, visit us online at www.uscis.gov before you
file, and check the Immigration Forms page to confirm
the correct filing address and version currently in use.
Check the edition date located in the lower right-hand
corner of the form. If the edition date on your Form
I-539 matches the edition date listed for Form I-539 on
the online forms page, your version is current and will
be accepted by USCIS. If the edition date on the
online version is later, download a copy and use the
online version. If you do not have Internet access, call
Customer Service at 1-800-375-5283 to verify the
current filing address and edition date.
H. Note on E-Filing
If you are e-filing this application, it will automatically
be routed to the appropriate Service Center, and you
will receive a receipt indicating the location to which it
was routed. This location may not necessarily be the
same center shown in the filing addresses listed above.
For e-filed applications, it is very important to review
your filing receipt and make specific note of the
receiving location.
All further communication, including submission of
supporting documents, should be directed to the
receiving location indicated on your e-filing receipt.

What Is the Filing Fee?
The filing fee for a Form I-539 is $300 except for certain A
and G nonimmigrants who are not required to pay a fee, as
noted in these instructions.
An additional biometric fee of $80 is required when filing this
Form I-539 for V nonimmigrant status. After you submit
Form I-539, USCIS will notify you about when and where to
go for biometric services.
If biometric services are required, you may submit one check
or money order for both the application and biometric fees, for
a total of $380.
Form I-539 Instructions (Rev. 12/31/07) Y Page 7

Use the following guidelines when you prepare your check or
money order for the Form I-539 and the biometric service fee,
if applicable:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct
The form and biometric fees on this form are current as of the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our website at www.uscis.gov, select
"Immigration Forms," and check the appropriate fee;
2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
NOTE: If your Form I-539 requires payment of a biometric
service fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometric fee.

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts. Or you may complete and
mail 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

Processing Information
Any Form I-539 that is not signed or accompanied by the
correct fee will be rejected with a notice that the Form
I-539 is deficient. You may correct the deficiency and
resubmit the Form I-539. An application or petition is not
considered properly filed until accepted by USCIS.

Initial processing. Once a Form I-539 has been accepted, it
will be checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility, and we may deny your Form
I-539.
Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.
Decision. The decision on a Form I-539 involves a
determination of whether you have established eligiblity for
the requested benefit. You will be notified of the decision in
writing.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. 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.
Form I-539 Instructions (Rev. 12/31/07) Y Page 8

As an alternative 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
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-539, we will
deny Form I-539 and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

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 45 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. 1615-0003. Do not mail your application to this
address.

Form I-539 Instructions (Rev. 12/31/07) Y Page 9


File Typeapplication/pdf
File Modified2008-01-09
File Created2007-10-10

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