Application to Extend/Change Nonimmigrant Status

Application to Extend/Change Nonimmigrant Status

I539-014-INS-FinalFeeRule-PostG1056-09222020

Application to Extend/Change Nonimmigrant Status

OMB: 1615-0003

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Instructions for Application to
Extend/Change Nonimmigrant Status
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-539

OMB No. 1615-0003
Expires 10/31/2021

NOTE: You can complete and file this form online at www.uscis.gov/I-539 and save $10.
What Is the Purpose of Form I-539?

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You should use this application 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 application to apply for an initial nonimmigrant status.

You may also use this application if you are a nonimmigrant F-1 or M-1 student applying for reinstatement.

When Should I Use Form I-539?

You must submit an application for extension of stay or change of status before your current authorized stay expires.
Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that
might arise between the expiration of your current status and validity of your future status. Therefore, we suggest you file
at least 45 days before your stay expires or as soon as you determine your need to change or extend status. Failure to file
before the expiration date may be excused if you demonstrate when you file the application that:
1.	 The delay was due to extraordinary circumstances beyond your control;
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 Form I-539?
Extension of Stay or Change of Status
Nonimmigrants in the United States may apply for an extension of stay or a change of status on this application, except as
noted in the Who May Not File Form I-539 section of these Instructions.
Multiple Applicants
You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application for
the same extension or change of status, but only if you are all now in the same status or they are all in derivative status.
You must complete Form I-539A for each person that you want to include on your application. If you need additional
space, you may print additional copies of the Form I-539A to complete for additional co-applicants.
NOTE: Extensions granted to members of a family group must be for the same period of time. The shortest period
granted to any member of the family shall be granted to all members of the family.

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Part 5. Public Benefits
In general, as a condition on the approval of this application, you must demonstrate that you have not received since
obtaining the nonimmigrant status you seek to extend or from which you seek to change, one or more public benefits set
forth in 8 CFR 212.21(b) (and listed below) for more than 12 months within any 36 month period (such that, for instance,
receipt of two benefits in one month counts as two months).
You must provide information about all public benefits you have received since obtaining the nonimmigrant status you
seek to extend or from which you seek to change. You do not need to provide information on your receipt of public
benefits if you are filing under one of these categories: A1, A2, G1, G2, G3, G4, NATO1, NATO2, NATO3, NATO4,
NATO5, NATO6, NATO7, T1, T2, T3, T4, T5, T6, U1, U2, U3, U4, U5).

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Receipt means when a benefit-granting agency provides a public benefit to you whether in the form of cash, voucher,
services, or insurance coverage. Only the amount received by or attributable to you will be considered.
In the space provided, please provide all requested information about each public benefit received, regardless of how
long you received the public benefit. USCIS will calculate the duration you received public benefits, as described below,
for purposes of determining your eligibility for an extension of stay or change of status. If you received public benefits
intermittently throughout the year, provide each instance separately. For example, if you received SNAP from January to
February and from June to December, list the information separately.
Indicate whether, since obtaining the nonimmigrant status you seek to extend or from which you seek to change, or have
been certified to receive, any of the following public benefits (You need to respond even if you fall within one of the
categories of individuals for whom receipt of public benefits will not be considered – see table below for evidence that
must be provided to document that you qualify for the exclusion):
1.	 Any Federal, state, local, or tribal cash assistance for income maintenance;
2.	 Supplemental Security Income (SSI);

3.	 Temporary Assistance for Needy Families (TANF);

4.	 Federal, state, or local cash benefit programs for income maintenance (often called “General Assistance” in the state
context, but which may exist under other names);
5.	 Supplemental Nutrition Assistance Program (SNAP, formerly called “Food Stamps”);
6.	 Section 8 Housing Assistance under the Housing Choice Voucher Program;

7.	 Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
8.	 Public Housing under the Housing Act of 1937, 42 U.S.C. 1437 et seq.; and
9.	 Federally-funded Medicaid.

NOTE: You only need to report public benefits received on or after October 15, 2019 but not any received before
October 15, 2019.
If you have not received any public benefits, please select that option.
If you are not certified to receive any of the above listed public benefits, please select that option.
If you have received or are certified to receive the public benefits but requested disenrollment, please provide, in addition
to providing the information about any exclusions below, evidence of your request to disenroll if the public benefitgranting agency has not processed your request.
Unless you qualify for certain exclusions listed in the table below, you are ineligible for extension of stay and change of
status if you have received, since obtaining the nonimmigrant status that you seek to extend or from which you seek to
change, the benefits listed above for more than 12 months in the aggregate within any 36-month period (such that, for
instance, receipt of two public benefits in one month counts as two months).

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The following is a list of exclusions from the public benefit considerations listed above. If you belong to one of the
following categories, submit the evidence listed for the applicable categories.
Exclusion

Description

U.S. Armed Forces Service
Members

At the time the public benefit was
received or at the time you file your
Form I-539, or at time of adjudication
of your Form I-539, the applicant is:
•	

An alien enlisted in the U.S.
Armed Forces, or serving in
active duty or in the Ready
Reserve component of the
U.S. Armed Forces;

Evidence you must submit to qualify for
exclusions (as applicable)
•	

Service Members: Certified evidence
of alien’s enlistment/service issued
by the authorizing official of the
executive department in which
service member is serving.

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Federally-funded Medicaid

•	

The spouse or child of the
service member (listed in
Item Number 1., above); or

•	

The spouse or child of an
individual enlisted in the U.S.
Armed Forces, or serving in
active duty or in the Ready
Reserve component of the
U.S. Armed Forces.

•	

Receipt by an alien under 21
years of age;

•	

The recipient of Medicaid
payment(s) for an
“emergency medical
condition;

•	

Form I-539 Instructions 06/09/20

The receipt of Medicaid for
services provided under the
Individuals with Disabilities
Education Act (IDEA);

•	

Spouses and Children of Service
Members:
•	

Copy of Form DD-1173, United
States Uniformed Services
Identification and Privilege Card
(Dependent).

•	

A statement with information
regarding the “emergency medical
condition” determination (if
applicable);

•	

Documentation of these payments
under the IDEA or school-based
service; or

•	

Pregnancy verification letter from
medical professional including
estimated duration of pregnancy.

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Exclusion

Description

Evidence you must submit to qualify for
exclusions (as applicable)

•	

The receipt of Medicaid
for school-based benefits
for children who are of an
age eligible for secondary
education as determined
under state or local law; or

•	

Receipt during pregnancy and
during the 60-day period after
the last day of the pregnancy.

Children Who Will Naturalize
Under INA 322

•	

Child currently residing
abroad who entered the
United States with a
nonimmigrant visa to attend
N-600K, Application for
Citizenship and Issuance of
Certificate Under INA Section
322 interview.

•	

A copy of the N-600K interview
notice.

Public Benefits While in an
Immigration Category Exempt
from Public Charge

•	

Received public benefits
while in a category that is
exempt from public charge
inadmissibility; or

•	

Information that evidences your
status or that you received a waiver
for the public charge ground of
inadmissibility, such as

•	

Received public benefits
while in a category for which
you had received a waiver for
public charge inadmissibility.

Federally-funded Medicaid
(continued)

Documentation

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•	

Approval notice (Form I-797,
Notice of Action); or

•	

Form I-94, Arrival/Departure
Record.

If you have received any of the public benefits listed above, submit evidence in the form of a letter, notice, certification, or
other agency documents that contain the following:
1.	 Your name;
2.	 Name and contact information for the public benefit granting agency;
3.	 Type of benefit;
4.	 Date you started receiving the benefit or if certified, date you will start receiving the benefit; and
5.	 Date benefit or coverage ended or expires (mm/dd/yyyy) (if applicable).
If you have received public benefits as listed above, please indicate whether an exclusion applies to you in Item
Number 3. and provide the evidence listed in the chart above to demonstrate why the benefit should not be considered.
Nonimmigrant Categories
This application may be submitted by the following nonimmigrants listed in alphabetical order.
1.	 A, Ambassador, Public Minister, or Career Diplomatic or Consular Officer and Their Immediate Family
Members
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You must submit a copy, front and back, of Form I-94 Arrival-Departure Record Number, for each person included
in the application and Form I-566, Interagency Record of Request - A, G, or NATO Dependent Employment
Authorization or Change/Adjustment to/from A, G, or NATO Status, certified by the U.S. Department of State (DOS)
to indicate your accredited status.
2.	 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 for each person included in the application.
The apllication must be filed with:
A.	 A copy of your employer’s Form I-94 or approval notice demonstrating A status;

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B.	 An original letter from your employer stating:
(1)	 Your duties;

(2)	 That the employer intends to personally employ you for the entirely of your contract; and
(3)	 Arrangements you have made to depart from the United States; and

C.	 An original Form I-566, certified by DOS, indicating your employer’s continuing accredited status.
NOTE: There is no fee required for any A-1, A-2, or A-3 applicant with Form I-539.
3.	 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 for each person
included in your application. In addition, you must submit a typed or written statement explaining in detail:
A.	 The reasons for your request;

B.	 The reasons why your extended stay would be temporary, including what arrangements you have made to depart
from the United States; and
C.	 Any effect the extended stay may have on your foreign employment or residency.

If you are applying for a change of B-1, visitor for business status, you must designate your desired status using the
following classification in Part 2., Item Number 3.c. of Form I-539:
A.	 B-1A, nonimmigrant 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, nonimmigrant who is employed by a foreign airline;
D.	 B-1D, nonimmigrant who is a missionary; and
E.	 B-1, all other visa classifications not designated above.
4.	 Dependents (CW-2) of a CW-1 Transitional Worker

If you are filing for an extension/change of status as the dependent of an employee who is a CW-1 transitional worker,
this application must be submitted with:
A.	 Evidence of lawful presence in the Commonwealth of the Northern Mariana Islands (CNMI) as defined in 8 CFR
214.2(w)(1)(v); and
B.	 Evidence of each applicant’s relationship to the CW-1 transitional worker, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 One of the following:
(1)	 Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI, filed on behalf of the CW-1 transitional
worker;

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(2)	 A copy of the I-797 Receipt Notice related to the transitional worker’s already pending petition;
(3)	 A copy of the front and back of the transitional worker’s most recent Form I-94; or
(4)	 A copy of the I-797 Approval Notice showing the transitional worker has already been granted status for the
period requested on your application.
NOTE: Dependents of CW-1 transitional workers must apply for extension/change of status to CW-2 on
this application. An employer must file Form I-129CW to obtain CW-1 status on behalf of an employee or
prospective employee.
5.	 Dependents of a Principal E Nonimmigrant

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The principal E nonimmigrant classifications include: E-1 Treaty Traders and their E-1 employees, E-2 Treaty
Investors and their E-2 employees, E-2 CNMI Investors, and E-3 Australian Specialty Occupation Professionals.
The principal E nonimmigrant classifications include: E-1 Treaty Traders and their E-1 employees, E-2 Treaty
Investors and their E-2 employees, E-2 CNMI Investors, and E-3 Australian Specialty Occupation Professionals.
Dependents of E nonimmigrants receive the same classification as the principal.

If you are filing for an extension/change of status as the dependent of a principal E nonimmigrant, you must submit
the following with your application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;

B.	 Evidence of each applicant’s relationship to the principal E nonimmigrant, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:

(1)	 Form I-129E&TN, Application for a Nonimmigrant Worker, filed on behalf of the principal E nonimmigrant;
(2)	 A copy of the I-797 Receipt Notice related to the principal E nonimmigrant’s already pending Form
I-129E&TN application;
(3)	 A copy of the front and back of the principal E nonimmigrant’s most recent Form I-94; or
(4)	 A copy of the I-797 Approval Notice showing the principal E nonimmigrant has already been granted status
for the period requested on your application.
NOTE: Dependents of principal E nonimmigrants must apply on this form for extension/change of status to
the same E classification as the principal. An employer must file Form I-129E&TN on behalf of a principal
E nonimmigrant who is currently in the United States. If the principal E nonimmigrant is not currently in the
United States, he or she must contact a U.S. Embassy or U.S. Consulate abroad to apply for E classification.
Dependent spouses of principal E nonimmigrants may not work upon approval of this application. To request
work authorization, the dependent spouse must file Form I-765, Application for Employment Authorization.
Dependent children of principal E nonimmigrants are not authorized for employment.
6.	 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 Form I-94, as
well as the Form I-94 for each person included in the application.
Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student,
issued by the school where you will study and you must submit documentation that demonstrates your ability to pay
for your studies and support yourself, and any accompanying dependent family members, while you are in the United
States.
NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the course
of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before
the report date or start date of the course of study listed on Form I-20 or your requested change of status may not be
granted.
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F-1 Reinstatement
In addition to the above documents, you must also submit evidence that your violation of status resulted from
circumstances beyond your control or that your violation relates to a reduction in your course load that would have
been within a Designated School Official’s (DSO’s) power to authorize, and that failure to approve reinstatement
would result in extreme hardship to you.
If you have been out of status for more than 5 months at the time of filing your request for reinstatement, you must
also provide evidence that your failure to file within the 5 month period was the result of exceptional circumstances
and that you filed your request for reinstatement as promptly as possible under these exceptional circumstances.
F-1 Extensions

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Only use this form to request an extension if you were admitted for a limited duration as a student entering to study at
a public secondary school. All other students seeking information concerning extensions should contact their DSO.
7.	 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 Form I-566,
certified by Department of State (DOS) to indicate your accredited status.
8.	 G-5, Attendant or Servant of a G Nonimmigrant and the G-5’s Immediate Family Members
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 stating that he or she intends to personally employ
you and arrangements you have made to depart from the United States; and
C.	 An original Form I-566, certified by the DOS, indicating your employer’s continuing accredited status.
NOTE: There is no fee required for any G-1, G-2, G-3, G-4, or G-5 applicant with Form I-539.
9.	 Dependents (H-4) 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, 	
you must submit the following with this application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;

B.	 Evidence of each applicant’s relationship to the H temporary worker, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:
(1)	 Form I-129H1, H2A, H2B, or MISC, Petition for a Nonimmigrant Worker, filed on behalf of the H temporary
worker;
(2)	 A copy of the Form I-797 Receipt Notice related to the H temporary worker’s already pending Form I-129H1,
H2A, H2B, or MISC petition;
(3)	 A copy of the front and back of the H temporary worker’s most recent Form I-94; or
(4)	 A copy of the Form I-797 Approval Notice showing the H temporary worker has already been granted status
for the period requested on your application.
NOTE: Dependents of H temporary workers must apply for extension/change of status to H-4 on this form. An
employer must file Form I-129H1, H2A, H2B,or MISC on behalf of the H temporary worker.
10.	 I, Representatives of Foreign Media and Dependents
Nonimmigrants granted I classification may be admitted for the duration of employment. You do not need to file for
an extension of stay as long as you work for the same employer in the same information medium.
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However, you must file this form to request a change of employer or a change in the information medium in which
you work. To do this, select Item Number 1. in Part 2. of Form I-539 and annotate “change of employer” or “change
of information medium” next to that selection.
If you are requesting a change of status to I nonimmigrant status, select Item Number 2.a. in Part 2. of Form I-539
and indicate “I-Foreign Press” in the space provided.
To change your status to I, or to extend your stay in I nonimmigrant status due to a change of employer or information
medium, you must submit the following with your application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;
B.	 A letter from the employing foreign media organization that verifies the employment, establishes that you are a
representative of that media organization, and describes the remuneration and work to be performed; and

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C.	 If applicable, evidence of each dependent’s relationship to the principal, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages. (NOTE: Dependents of I nonimmigrants receive the
same classification as the principal.)
11.	 J-1, Exchange Visitor

If you are requesting a change of status to J-1 nonimmigrant classification, your application must be filed with a 	
DS-2019, Certificate of Eligibility for Exchange Visitor Status. You must also submit your Form I-94, as well as the
Form I-94 for each person included in the application.
NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the
approved program listed on Form DS-2019. You must maintain your current, or other, nonimmigrant status up to 	
30 days before the report date or start date of the approved program listed on Form DS-2019 or your requested change
of status may not be granted.
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, contact the responsible officer at your sponsoring program for
information about the reinstatement procedure.
Notice to J Nonimmigrants

A J-1 exchange visitor whose status is to receive 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 dependent 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 dependent is also exempt from the requirement. Under certain limited circumstances, a J-2 dependent 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 dependent) 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 dependent. Willful failure to disclose this information (or
other relevant information) can result in your application being denied. 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.
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12.	 Dependents (L-2) 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, you must submit the following with this application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;
B.	 Evidence of each applicant’s relationship to the L intracompany transferee, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:
(1)	 Form I-129L, Petition for a Nonimmigrant Worker, filed on behalf of the L intracompany transferee;

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(2)	 A copy of the I-797 Receipt Notice related to the L intracompany transferee’s already pending Form I-129L
petition;
(3)	 A copy of the front and back of the L intracompany transferee’s most recent Form I-94; or
(4)	 A copy of the I-797 Approval Notice showing the L intracompany transferee has already been granted status
for the period requested on your application.
NOTE: Dependents of L intracompany transferees must apply for extension/change of status to L-2 on this form. An
employer must file Form I-129L on behalf of the L intracompany transferee.
Dependent spouses of L intracompany transferees may not work upon approval of this application. To request work
authorization, the dependent spouse must file Form I-765, Application for Employment Authorization. Dependent
children of L intracompany transferees are not authorized for employment.
13.	 M-1, Vocational or Non-Academic Student

To request a change to or extension of M-1 status, or apply for reinstatement to M-1 status, you must submit your
Form I-94, as well as Form I-94 for each person included in the application.
Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student,
issued by the school where you will study and you must submit documentation that demonstrates your ability to pay
for your studies and support yourself, and any accompanying dependent family members, while you are in the United
States.
NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the course
of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before
the report date or start date of the course of study listed on Form I-20 or your requested change of status may not be
granted.
M-1 Reinstatement
In addition to the above documents you must also submit evidence that your violation of status resulted from
circumstances beyond your control or that your violation relates to a reduction in your course load that would have
been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to
you.
If you have been out of status for more than 5 months at the time of filing your request for reinstatement you, must
also provide evidence that your failure to file within the 5 month period was the result of exceptional circumstances
and that you filed your request for reinstatement as promptly as possible under these exceptional circumstances.
M-1 Extension
In addition to submitting the above evidence, you will need to submit evidence supporting your reason for requesting
an extension. You may request an extension of stay for the following reasons:
A.	 If compelling educational or medical reasons have resulted in a delay to your course of study. Delays caused by
academic probation or suspension are not acceptable reasons for program extension.
B.	 You are transferring to a different school.
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NOTE: If you are transferring schools 6 months, or more, from the date you were first admitted, you will need
to submit evidence showing you are unable to remain at the school you were initially admitted to attend due to
circumstances beyond your control.
C.	 You are applying for post-completion optional practical training.
NOTE: M-1 students may not change their educational objective and should not request an extension for this reason.
No extension can be granted to an M-1 student if the M-1 student is unable to complete the course of study, to
include any requested post-completion OPT, within 3 years of the original program start date.
14.	 Dependents (O-3) of an O, Alien of Extraordinary Ability or Achievement

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If you are filing for an extension/change of status as the dependent of an employee who is an O nonimmigrant worker,
you must submit the following with this application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;

B.	 Evidence of each applicant’s relationship to the O nonimmigrant worker, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:

(1)	 Form I-129O, Petition for a Nonimmigrant Worker, filed on behalf of the O nonimmigrant worker;
(2)	 A copy of the Form I-797 Receipt Notice related to the O nonimmigrant worker’s already pending Form
I-129O petition;
(3)	 A copy of the front and back of the O nonimmigrant worker’s most recent Form I-94; or
(4)	 A copy of the Form I-797 Approval Notice showing the O nonimmigrant worker has already been granted
status for the period requested on your application.
NOTE: Dependents of O nonimmigrant workers must apply for extension/change of status to O-3 on this form. An
employer must file Form I-129O on behalf of the O nonimmigrant worker.
15.	 Dependents (P-4) of a P, Artist, Athlete, or Entertainer

If you are filing for an extension/change of status as the dependent of an employee who is a P nonimmigrant worker,
you must submit the following with this application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;

B.	 Evidence of each applicant’s relationship to the P nonimmigrant worker, such as birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:
(1)	 Form I-129MISC, Petition for a Nonimmigrant Worker, filed on behalf of the P nonimmigrant worker;
(2)	 A copy of the Form I-797 Receipt Notice related to the P nonimmigrant worker’s already pending I-129MISC
petition;
(3)	 A copy of the front and back of the P nonimmigrant worker’s most recent Form I-94; or
(4)	 A copy of the Form I-797 Approval Notice showing the P nonimmigrant worker has already been granted
status for the period requested on your application.
NOTE: Dependents of P nonimmigrant workers must apply for extension/change of status to P-4 on this form. An
employer must file Form I-129MISC on behalf of the P nonimmigrant worker.

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16.	 Dependents (R-2) of an R, Religious Worker
If you are filing for an extension/change of status as the dependent of an employee who is an R religious worker, you
must submit the following with this application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;
B.	 Evidence of each applicant’s relationship to the R religious worker, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:
(1)	 Form I-129MISC, Petition for a Nonimmigrant Worker, filed on behalf of the R religious worker;

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(2)	 A copy of the Form I-797 Receipt Notice related to the R religious worker’s already pending Form
I-129MISC petition;
(3)	 A copy of the front and back of the R religious worker’s most recent Form I-94; or

(4)	 A copy of the Form I-797 Approval Notice showing the R religious worker has already been granted status for
the period requested on your application.
NOTE: Dependents of R religious workers must apply for extension/change of status to R-2 nonimmigrant status on
this form. An employer must file Form I-129MISC on behalf of the R religious worker.
17.	 Dependents (TD) of a TN, Canadian or Mexican Professional

If you are filing for an extension/change of status as the dependent of an employee who is a TN professional worker,
you must submit the following with this application:
A.	 A copy of the front and back of Form I-94 for each person included on this application;

B.	 Evidence of each applicant’s relationship to the TN professional worker, such as a birth certificate or marriage
certificate and proof of termination of any prior marriages; and
C.	 At least one of the following:

(1)	 Form I-129E&TN, Application for a Nonimmigrant Worker, filed on behalf of the TN professional worker;
(2)	 A copy of the Form I-797 Receipt Notice related to the TN professional worker’s already pending Form
I-129E&TN application;
(3)	 A copy of the front and back of the TN professional worker’s most recent Form I-94; or
(4)	 A copy of the Form I-797 Approval Notice showing the TN professional worker has already been granted
status for the period requested on your application.
NOTE: Dependents of TN professional workers must apply for extension/change of status to TD on this form. An
employer must file Form I-129E&TN on behalf of a TN professional worker who is currently in the United States. If
the principal TN nonimmigrant is not currently in the United States, Mexican citizen professionals must contact a U.S.
Embassy or U.S. Consulate in Mexico and Canadian citizen professionals must contact a designated port-of-entry to
apply for TN classification.
18.	 T Nonimmigrants
If you are filing for an extension of status as a T nonimmigrant based on law enforcement need, this application must
be submitted with:
A.	 A copy of your Form I-94 or approval notice showing that you have already been granted T status; and
B.	 Evidence demonstrating law enforcement need, such as a new Form I-914 Supplement B, Declaration of Law
Enforcement Officer for Victims of Trafficking in Persons, or other evidence from law enforcement explaining
that your presence is necessary, and any other credible evidence.

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If you are filing for an extension of status as a T nonimmigrant based on exceptional circumstances, this application
must be submitted with:
A.	 A copy of your Form I-94 or approval notice showing that you have already been granted T status; and
B.	 Evidence demonstrating exceptional circumstances, such as an affirmative statement or any other credible
evidence.
NOTE: Extensions of T nonimmigrant status based on the filing of Form I-485, Application to Register Permanent
Residence or Adjust Status, do not require the filing of Form I-539. T nonimmigrant status is automatically extended
when the Form I-485 is filed.
19.	 T Derivative Nonimmigrants

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A T derivative nonimmigrant may file for an extension of status independently if the T-1 principal remains in valid T
nonimmigrant status, or the T-1 principal nonimmigrant may file for an extension of T-1 status and request that this
extension be applied to the derivative family members.
If the T-1 principal nonimmigrant wants the extension of status request described above to be applied to derivative
family members with T-2, T-3, T-4, T-5, or T-6 nonimmigrant status that are currently in the United States, indicate
that request in writing and list each derivative separately on Supplement A of the Form I-539. Each Supplement A
of the Form I-539 must be submitted with a copy of the derivative’s Form I-94 or approval notice showing that the
derivative was already granted T-2, T-3, T-4, T-5, or T-6 status.
If the T-2, T-3, T-4, T-5, or T-6 nonimmigrant is filing independently for an extension of status, this application must
be submitted with:
A.	 Justification for your extension request (statement of need and reasons);

B.	 A copy of your Form I-94, approval notice or your passport with your T nonimmigrant visa showing that you have
already been granted T nonimmigrant status; and
C.	 Evidence of relationship to the T-1 nonimmigrant principal, such as a birth certificate or marriage certificate and
proof of termination of any prior marriages.
NOTE: Extensions cannot be granted to derivative family members who are still outside the United States and have
never entered the United States in T nonimmigrant status. A statement should be included with the application if
there are family members outside the United States who have not consular processed. Therefore, if the T-1 principal’s
status is extended, an amended approval notice will be issued for derivative family members outside the United States
to facilitate the consular processing.
20.	 U Nonimmigrants
If you are filing for an extension of status as a U nonimmigrant based on law enforcement need, this application must
be submitted with:
A.	 A copy of your Form I-94 or approval notice showing that you have already been granted U status; and
B.	 Evidence demonstrating law enforcement need, such as a new Form I-918 Supplement B, U Nonimmigrant Status
Certification, or other evidence from law enforcement explaining that your presence is necessary, and any other
credible evidence.
If you are filing for an extension of status as a U nonimmigrant based on exceptional circumstances, this application
must be submitted with:
A.	 A copy of your Form I-94 or approval notice showing that you have already been granted U status; and
B.	 Evidence demonstrating exceptional circumstances, such as an affirmative statement or any other credible
evidence.
NOTE: Extensions of U nonimmigrant status based on the filing of Form I-485, Application to Register Permanent
Residence or Adjust Status, do not require the filing of Form I-539. U nonimmigrant status is automatically extended
when the Form I-485 is filed.
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21.	 U Derivative Nonimmigrants
A U derivative nonimmigrant may file for an extension of status independently, or the U-1 principal nonimmigrant
may file for an extension of U-1 status and request that this extension be applied to the derivative family members.
If the U-1 nonimmigrant principal wants the extension of status request based on law enforcement need or exceptional
circumstances described above to be applied to derivative family members with U-2, U-3, U-4, or U-5 nonimmigrant
status that are currently in the United States, indicate that request in writing and list each derivative separately on
Supplement A of the Form I-539. Each Supplement A of the Form I-539 must be submitted with a copy of the
derivative’s Form I-94 or approval notice showing that the derivative was already granted U-2, U-3, U-4, or U-5status.
If the U-2, U-3, U-4, or U-5 nonimmigrant is filing independently for an extension of status, for example, based on
consular delays or to ensure 3 years of physical presence, this application must be submitted with:

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A.	 Justification for your extension request (statement of need and reasons);

B.	 A copy of your Form I-94, approval notice or your passport with your U nonimmigrant visa showing that you
have already been granted U nonimmigrant status; and
C.	 Evidence of relationship to the U-1 nonimmigrant principal, such as a birth certificate or marriage certificate and
proof of termination of any prior marriages.
NOTE: Extensions cannot be granted to derivative family members who are still outside the United States and have
never entered the United States in U nonimmigrant status. A statement should be included with the application if
there are family members outside the United States who have not consular processed. Therefore, if the U-1 principal’s
status is extended, an amended approval notice will be issued for derivative family members outside the United States
to facilitate the consular processing.
NOTE: If you never entered the United States in U-2, U-3, U-4, or U-5 derivative status and the principal U-1
nonimmigrant has an approved Form I-485, Applicant to Register Permanent Residence or Adjust Status, you are
not eligible for an extension of status. The U-1 principal nonimmigrant may consider filing Form I-929, Petition for
Qualifying Family Member of a U-1 Nonimmigrant.
22.	 V, Spouse or Child of a Lawful Permanent Resident

Use 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 must follow these form instructions and the form instructions for 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.
If necessary, USCIS may also take the V applicant’s photograph and signature as part of the biometrics services.
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:
A.	 You must be the spouse or the unmarried child of a lawful permanent resident;
B.	 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
C.	 You must have been waiting for at least 3 years after Form I-130 was filed for you; or
D.	 You must be the unmarried child (under 21 years of age) of a person who meets the three requirements listed
above. If you are 21 years of age or older, to qualify for an extension of V status, you must:
(1)	 Have previously been granted V status;
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(2)	 Be the unmarried son or daughter of a person who meets the requirements listed above; and
(3)	 Be the beneficiary of a Form I-130 filed on your behalf.
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: V nonimmigrants 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.

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Who May Not File 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.	 An alien in transit (C) or in transit without a visa (TWOV);
2.	 A crewman (D); or

3.	 A fiancé(e) or dependent of a fiancé(e) (K-1 or K-2).

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

General Instructions

USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have Internet access, you may call the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides
information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Each application must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these
instructions.) Each application must be properly signed and filed. A photocopy of a signed application or a typewritten
name in place of a signature is not acceptable.
If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf.
Evidence. You must submit all required initial evidence and supporting documentation with your application at the time
of filing. If you are electronically filing this application, you must follow the instructions provided on the USCIS website,
www.uscis.gov/e-filing. You may be required to submit additional evidence as noted in these instructions.
You may be required to submit additional evidence as noted in these instructions.
Biometrics Services Appointment. After USCIS receives your application and ensures it is complete, the agency will
inform you in writing when to go to your local USCIS Application Support Center (ASC) for your biometrics services
appointment. Failure to attend the biometrics services appointment may result in denial of your application.
Copies. You may submit a legible photocopy of documents requested, unless the instructions specifically state that you
must submit an original document. Original documents submitted when not required may remain a part of the record, and
will not be automatically returned to you.

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Translations. Any document you submit to USCIS with information in a foreign language must be accompanied by a full
English translation. The translator must certify that the English language translation is complete and accurate, and that he
or she is competent to translate from the foreign language into English.
Online Submission. When authorized by USCIS, you may submit this form online. Please check the USCIS website for
the latest information on whether electronic submission of this form is possible.
How to Fill Out Form I-539
1.	 Type or print legibly in black ink.
2.	 If you need extra space to complete any item within this application, attach a sheet of paper, and type or print your
name and A-Number at the top of each sheet of paper; indicate the Page Number, Part Number, and Item Number
to which your answer refers; and date and sign each sheet.

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3.	 Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” type or print “N/A,”
unless otherwise directed.
4.	 USCIS Online Account Number. If you have previously filed an application, petition, or request using the USCIS
online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS
Online Account Number you were issued by the system. You can find your USCIS Online Account Number by
logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or
requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access
Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account
Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the
space provided. The USCIS Online Account Number is not the same as an A-Number.
5.	 If you are currently in F or J status and granted Duration of Status (D/S), check the box in Part 1., Item Number
12.c. of the form.
6.	 Part 2., Item Number 3.a. of the form, select the date you want your change of status to occur on. If approved, your
change of status will occur on the date your current nonimmigrant status ends, the date of approval, or the requested
date, whichever occurs later.
7.	 If you were granted D/S as an F or J nonimmigrant and are seeking reinstatement or are requesting a change of status
to an F or J nonimmigrant then you should check the box in Part 3., Item Number 1.b. of the form to indicate a
duration of D/S.
NOTE: An F-1 nonimmigrant student who is admitted to attend a public high school is restricted to an aggregate
of 12 months of study at any public high school(s) and is not eligible for D/S. Please indicate a specific date for the
duration of your requested status.
8.	 Part 6. Statement, Contact Information, Declaration, Certification, and Signature. Select the appropriate box to
indicate whether you read this application yourself or whether you had an interpreter assist you. If someone assisted
you in completing the application, select the box indicating that you used a preparer. Further, you must sign and date
your application and provide your daytime telephone number, mobile telephone number (if any), and email address (if
any). Every application MUST contain the signature of the applicant (or parent or legal guardian, if applicable). A
stamped or typewritten name in place of a signature is not acceptable.
9.	 Part 7. Contact Information, Certification, and Signature. If you used an interpreter to read the instructions and
complete the questions on this form, the interpreter must fill out this section, provide the name of his or her business/
organization, the business/organization’s address, his or her daytime telephone number, and his or her e-mail address.
The interpreter must also sign and date the form.

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10.	 Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other
Than the Applicant. This section must contain the signature of the person who completed your application, if
other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should
complete both Part 7. and Part 8. If the person who completed this application is associated with a business or
organization, that person should complete the business or organization name and address information. Anyone who
helped you complete this application MUST sign and date the application. A stamped or typewritten name in place
of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited
representative, he or she may also need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney
or Accredited Representative, along with your application.

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We recommend that you print or save a copy of your completed application to review in the future and
for your records. We recommend that you review your copy of your completed application before you
go to your biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you
to complete the application process only if you are able to confirm, under penalty of perjury, that all of the
information in your application is complete, true, and correct. If you are not able to make that attestation in
good faith at that time, USCIS will require you to return for another appointment.

General Requirements

Required Documentation - Form I-94, Nonimmigrant Arrival-Departure Record. You are required to submit with
your Form I-539 the original or a copy, front and back, of Form I-94 for each person included in your application. If
the original Form I-94 or required copy cannot be submitted with this application, complete Form I-102, Application for
Replacement/Initial Nonimmigrant Arrival-Departure Document, and submit it with the required fee, with Form I-539.
Form I-94 Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94,
Arrival-Departure Record, provide your I-94 admission number and date that your authorized period of stay expires or
expired (as shown on Form I-94). The I-94 admission number also is known as the Departure Number on some versions
of Form I-94.
NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have
been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at 		
www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some
travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport or travel
document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP
website without charge. If the Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form
I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a
fee for this service.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States,
record either the passport or travel document information in the appropriate space on the form, even if the passport or
travel document is currently expired. In Part 1., Item Number 11.b., provide the principal applicant’s passport number
at the time he or she was granted the Form I-94. In Part 4., indicate the principal applicant’s current passport number.
These numbers may or may not be the same.
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,
submit an explanation with your form.

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What Is the Filing Fee?
The filing fee for Form I-539 is $400. There is no filing fee for:
•	

A, G, and NATO nonimmigrants for any application type;

•	

B-1 United Nations (UN) Observer Mission nonimmigrants requesting an extension of stay; or

•	

B-2 immediate family members supporting the UN Observer Mission requesting an extension of stay.

NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL
CASH. You must submit all fees in the exact amounts.

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Payments by Check or Money Order

Use the following guidelines when you prepare your check or money order for the Form I-539 filing fee:
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.

NOTE: 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, USCIS will convert it 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 your bank will show it on your regular account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your
check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is
returned as unpayable, we may reject your application.
Payments by Credit Card

If you are filing your application at a USCIS Lockbox facility, you can pay your filing fee using a credit card. Please see
Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/G-1450 for more information.
When Filing at a Field Office

Cash, a cashier’s check or money order cannot be used to pay for the filing fee at a field office. The only payment options
accepted at a field office are payment through pay.gov via a credit card, debit card or with a personal check.
How To Check If the Fees Are Correct
Form I-539’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees
change periodically, you can verify that the fees are correct by following one of the steps below.
1.	 Visit the USCIS website at www.uscis.gov, select “FORMS” and check the appropriate fee; or
2.	 Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a
live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf
or hard of hearing) call: 1-800-767-1833.
Fee Waiver
Some forms may be eligible for fee waivers as provided in 8 CFR 106.3. For information on fee waivers, see Form I-912,
Request for Fee Waiver at www.uscis.gov/i-912.

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Where To File?
Please see our website at www.uscis.gov/I-539 or visit the USCIS Contact Center at www.uscis.gov/contactcenter to
connect with a USCIS representative for the most current information about where to file this application. The USCIS
Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
E-Filing Form I-539
Certain Form I-539 filings may be electronically filed with USCIS. View our website at www.uscis.gov “FORMS,” and
click on the link “E-Filing and Online Service” for information on who is eligible to e-file this form.

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Special Information for Applicants Residing in the Commonwealth of the Northern Mariana Islands (CNMI)
If the applicant is lawfully present in the CNMI, the applicant may be eligible to apply for a grant of status with this form
without having to seek consular processing. The request for the initial grant of status must be accompanied by evidence of
the applicant’s lawful presence. The applicant will be required to submit biometric information before the application for
a grant of status is approved. Although this is a request for an initial grant of status rather than a change of nonimmigrant
status, in Part 2., the applicant should select Item Number 2.a., and identify the nonimmigrant status he or she is initially
requesting in Item Number 2.b.

Address Changes

An applicant who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or
her previous residence. For information on filing a change of address, go to the USCIS website at
www.uscis.gov/addresschange or reach out to the USCIS Contact Center at www.uscis.gov/contactcenter for help. The
USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing)
call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because these facilities do not
process change of address requests.

Processing Information

USCIS will reject any Form I-539 that is not signed or accompanied by the correct fee. You may correct the
deficiency and resubmit Form I-539. An application is not considered properly filed until accepted by USCIS.
Initial Processing
Once the application has been accepted, USCIS will check it for completeness. If you do not completely fill out the form,
you will not establish a basis for eligibility, and we may deny your application.
Requests for More Information or Interview
We may request more information or evidence from you 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 copies you submit. We will return these originals
when they are no longer required.
Decision
The decision on Form I-539 involves a determination of whether you have established eligibility for the requested benefit.
USCIS will notify you of the decision in writing.

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USCIS Forms and Information
To ensure you are using the latest version of this application, visit the USCIS website at www.uscis.gov where you can
obtain the latest USCIS forms and immigration-related information. If you do not have internet access, you may order
USCIS forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information
in English and Spanish.  For TTY (deaf or hard of hearing) call:  1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at
www.uscis.gov.  Select “Tools,” then under “Self Service Tools,” select “Appointments” and follow the screen prompts
to set up your appointment.  Once you finish scheduling an appointment, the system will generate an appointment notice
for you.

Penalties

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If you knowingly willfully falsify or conceal a material fact or submit a false document with your Form I-539, we will
deny your 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.

USCIS Compliance Review and Monitoring

By signing this application, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this application are complete, true, and correct. You also authorize the release of any
information from your records that USCIS may need to determine your eligibility for the immigration benefit you are
seeking and consent to USCIS verifying such information.
DHS has the authority to verify any information you submit to establish eligibility for the immigration benefit you are
seeking at any time. USCIS’ legal authority to verify this information is in 8 U.S.C. sections 1103, 1155, and 1184, and
8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities, USCIS may verify
information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact
through written correspondence, the internet, fax, other electronic transmission, or telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use information obtained through
verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a USCIS compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated an adverse action which may result in revocation or
termination of an approval.

DHS Privacy Notice
AUTHORITIES: The information requested on this application, and the associated evidence, is collected pursuant to the
Immigration and Nationality Act sections 1103 and 1184, and Title 8 of the Code of Federal Regulations (CFR) parts 103,
214 and 248.
PURPOSE: The primary purpose for providing the requested information on this application is to apply for an extension
of stay or a change from one nonimmigrant category to another nonimmigrant category. DHS will use the information
you provide to grant or deny the immigration benefit you are seeking.

Form I-539 Instructions 06/09/20

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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number, and any requested evidence, may delay a final decision or result in a rejection or
denial of your application.
ROUTINE USES: DHS may share the information you provide on this application and any additional requested
evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows
approved routine uses described in the associated published system of records notices [DHS/USCIS-001 Alien File, Index,
and National File Tracking System and DHS/USCIS-007 - Benefits Information System] and the published privacy impact
assessment [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated
Systems], which can be found at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law
enforcement purposes or in the interest of national security.

Draft
Not for
Production
09/22/2020

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 Office of Management and Budget (OMB) control number. The
public reporting burden for this collection of information is estimated at 2.38 hours per response, including the time for
reviewing instructions, gathering the required documentation and information, completing the application, preparing
statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated
to require 1 hour and 10 minutes. 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. 1615-0003. Do not mail your completed Form I-539 to this address.

Form I-539 Instructions 06/09/20

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File Typeapplication/pdf
File TitleForm Instructions v6
AuthorFMB
File Modified2020-09-22
File Created2020-09-22

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