Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status printable pdf download

Instructions for Application to

Extend/Change Nonimmigrant Status

USCIS

Form I-539

Department of Homeland Security

OMB No. 1615-0003

U.S. Citizenship and Immigration Services

Expires 04/30/2018

What is the Purpose of This Form?

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

You may also use this form 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. 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:

The delay was due to extraordinary circumstances beyond your control;

The length of the delay was reasonable;

You have not otherwise violated your status;

You are still a bona fide nonimmigrant; and

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 form, 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.

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.

Nonimmigrant Categories

This form may be used by the following nonimmigrants, listed in alphabetical order:

A, Ambassador, Public Minister, or Career Diplomatic or Consular Officer and Their Immediate Family

Members

You must submit a copy, front and back, of Form I-94, Nonimmigrant Arrival/Departure Record, 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.

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 application must be filed with:

A copy of your employer's Form I-94 or approval notice demonstrating A status;

Form I-539 Instructions 12/23/16 N

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Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status

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