Help with I-539: Application To Extend or Change Nonimmigrant Status

This form allows non-immigrants to apply for an extended stay in the United States or to change the purpose of their stay.  Students who wish to extend their stay should contact their program directors for help filing for an extension.  Educational programs file the initial petition for the student, and must also participate in the application to extend the stay.  There are many different types of non-immigrant visas and just as many processing options.  To find more information on your particular situation, you should go to the USCIS website.

Process for Form I-539

Most nonimmigrants can apply for an extension or change of status as long as the current visa has not expired.  You should file for an extension or change at least 45 days before the expiration date on your visa and keep proof of your application with you to show you have followed the proper procedure regarding your visa.

The following non-immigrants cannot file for an extension or change in nonimmigrant status:

• People admitted under the Visa Waiver Program
• An alien in transit
• An alien in transit without a visa
• A crewman
• A fiancé for the fiancé‘s dependents (K-1 and K-2).  While a K-3 spouse or a K-5 dependent many not change status, they may file for an extension. 

Helpful Information for Filing the I-539

At the same time you file this application, you can also renew your employment authorization by submitting Form I-765.

You must include a copy of the I-94 Record of Arrival and Departure, front and back, for each person listed in the Form I-539. If you don’t have your I-94 document, you will have to file an I-102 for a replacement document along with your Form I-539 and pay the additional fee for the replacement document.

If you have a valid K-3/4 visa, you may travel outside the U.S. if you have a valid passport.

If immigration officials have more questions after receiving your application, they may request an interview with you.  They may also require original documents, but you are allowed to submit copies with the application.

Getting Help with Extension of Non-Immigrant Status

As long as you have not broken any of the requirements of your visa (not stayed beyond expiration, not worked if not authorized to do so) you should not need any assistance to apply for an extension or change of nonimmigrant status.  If you are confused or have questions, USCIS can offer detailed information about the laws, regulations, and exceptions on their website at www.uscis.gov.