Instructions for Supplement A to Form I-539

Instructions for Supplement A to Form I-539

USCIS
Form I-539

DRAFT
Not For
Production
10/16/2014
Department of Homeland Security
U.S. Citizenship and Immigration Services

OMB No. 1615-0004
Expires 12/31/2014

What Is the Purpose of This Form?

Use Supplement A if you are physically in the United States and are applying to U.S. Citizenship and Immigration
Services (USCIS) for V nonimmigrant status. Supplement A is part of Form I-539. Follow these instructions and the
instructions in Form I-539, and complete Form I-539 and Supplement A. If you are not applying for V nonimmigrant
status, you do not need to use this Supplement.
NOTE: If you are filing Supplement A with Form I-539, you do not necessarily have to be in 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 3 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. Select Item Number 2.a. in Part 2, Application Type of Form I-539, and indicate "V" in Item Number 2.b.
2. Use information from the qualifying Form I-130 for your response to Part 3, Item Number 3.a. of Form I-539.
Additional Evidence Requirements
In addition to the General Filing Instructions and Initial Evidence required by the Form I-539 instructions, you must
submit:
1. Form I-693, Report of Medical Examination and Vaccination Record, 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.
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DRAFT
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What Is the Filing Fee?

In addition to the required application fee of $290 for Form I-539, you must remit the biometrics services fee of $85 as
required by 8 CFR 103.17. If necessary, USCIS may also take your photograph and signature as part of the biometrics
services requirements.
How to Check If the Fees Are Correct

The fee on this form is current as of the edition date appearing in the lower left 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 the USCIS Web site at www.uscis.gov, select "FORMS" and check the appropriate fee; or

2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TDD (deaf
or hard of hearing) call: 1-800-767-1833.

Where to File?

Please see our Web site at www.uscis.gov/i-539 or call our National Customer Service Center at 1-800-375-5283 for the
most current information about where to file this benefit request. For TDD (deaf or hard of hearing) call: 1-800-767-1833.

Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will
deny the benefit you are filing for, and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law, and may be subject to criminal prosecution.

USCIS Privacy Act Statement

AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the
Immigration and Nationality Act, section 101, et seq.

PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have
established eligibility for the immigration benefit for which you are filing. The information you provide will be used to
grant or deny the benefit sought.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in denial of your form.
ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign
government agencies and authorized organizations following approved routine uses described in the associated published
system of records notices [DHS-USCIS-007 - Benefits Information System and DHS/USCIS-ICE-CBP-001 - Alien File,
Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information
may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.

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 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 Coordination
Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0004.
Do not mail your completed Form I-539 to this address.

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