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

OMB No. 1615-0004; Exp. 02/29/2011

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

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

Additional Instructions to Form I-539 for V Nonimmigrant Status

What Is the Purpose of This Form?
This form contains additional instructions for Form I-539,
Application to Extend/Change Nonimmigrant Status, if you are
physically in the United States and are applying to 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. If
you are applying for V nonimmigrant status, you 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: If you are using this form in conjunction with Form
I-539, you 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 Is Eligible for V Nonimmigrant Status?
To be eligible for V nonimmigrant status, you 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,
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 your beneficiary must either:
(A) Wait for an immigrant visa number to become
available; or
(B) If the visa number is immediately available, you
must have pending an application for adjustment of
status or an application for an immigrant visa.
In addition, you 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 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.

Additional Instructions
1. Check box "b" in Part 2 of Form I-539, and indicate "V"
in the provided space; and
2. Use information from the qualifying Form I-130 for your
response to Part 3, Question 4 of Form I-539.

Additional Evidence Requirements
In addition to the General Filing Instructions and Initial
Evidence required by the instructions to Form I-539, the
following requirements must be submitted:
1. Form I-693, Medical Examination of Aliens Seeking
Adjustment of Status, without the vaccination supplement;
and
2. Proof of filing of the immigrant petition that qualifies you
for V nonimmigrant status, and if necessary, proof of
filing of 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 district/field office.
If you do not have such proof, USCIS will review other
forms of evidence, such as correspondence to or from
USCIS regarding a pending petition.
If you do not have any of the above items, but believe you
are eligible for V nonimmigrant status, you must state
where and when the petition was filed, the name and alien
registration number of the petitioner, and the names of all
beneficiaries.

Where to File?
You must submit your Form I-539 to the USCIS Chicago
Lockbox:
For U.S. Postal Service:
USCIS
P.O. Box 7216
Chicago, IL 60680 - 7216
For Express mail and courier deliveries:
USCIS
Attn: VKL
131 South Dearborn- 3rd Floor
Chicago, IL 60603-5517
Form I-539 Supplement A (Rev. 08/20/10)Y

DRAFT

What Is the Fee?
In addition to the application fee required of $290 for Form
I-539, you must remit the biometric services fee of $85 as
required by 8 CFR 103.2(e)(4). If necessary, USCIS may also
take your photograph and signature as part of the biometric
services requirements.
How to Check If the Fees Are Correct
The form fee on this form is 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 "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.

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 and
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 Products 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 (Rev. 08/20/10)Y Page 2