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pdfInstructions for Form I-539A
Department of Homeland Security
U.S. Citizenship and Immigration Services
USCIS
Form I-539A
OMB No. 1615-0003
Expires 12/31/2024
What Is the Purpose of Form I-539A?
I-539A is part of Form I-539. If you are applying for more than one person using your I-539 application, use a separate
Form I-539A to provide all of the requested information for each additional applicant listed. Each Form I-539A must
include the signature of the individual applicant. If you are under 14 years of age, your parent or legal guardian may sign
the application on your behalf. A legal guardian may also sign for a mentally incompetent person.
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Special Instructions for V Nonimmigrants
If you are physically present in the United States and are applying for V nonimmigrant status, see the Who Is Eligible for
V Nonimmigrant Status section below.
NOTE: If you are filing Form I-539A, you do not necessarily have to be in valid nonimmigrant status to obtain V
nonimmigrant status in the United States. See the Who Is Eligible for V Nonimmigrant Status section for more
information.
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 Immigration and Nationality Act (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 Part 2. Application Type, Item Number 3.a. of Form I-539, and indicate “V” in Item Number 3.c.
2. Use information from the qualifying Form I-130 for your response to Part 3., Item Number 3.a. of Form I-539.
Form I-539 Supplemental A Instructions 05/31/22
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Additional Evidence Requirements for V Nonimmigrants
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.
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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.
Filing Fee. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing
fees.
Where to File?
See the Form I-539 Instructions for filing instructions.
Penalties
If you knowingly and 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 request, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information
and documentation submitted with this request is complete, true, and correct. The Department of Homeland
Security (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 and 1184, and 8 CFR parts 103, 214, and 248. 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 via written
correspondence, the Internet, facsimile, 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.
Form I-539 Supplemental A Instructions 05/31/22
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DHS Privacy Notice
AUTHORITIES: The information requested on this form, and the associated evidence, is collected under 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 form 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.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
denial of your form.
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ROUTINE USES: DHS may share the information you provide on this form 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 this information, 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 Office of Management and Budget (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, gathering the required documentation and information, completing the application, preparing
statements, attaching necessary documentation, and submitting the application. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital
Gateway Drive, Mail Stop #2140, Camp Springs, MD, 20588-0009; OMB No. 1615-0004. Do not mail your completed
Form I-539A to this address.
Form I-539 Supplemental A Instructions 05/31/22
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File Type | application/pdf |
File Title | Form Instructions v4 |
Author | FMB |
File Modified | 2022-07-08 |
File Created | 2022-07-08 |