Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status (Page 10 of 16) in pdf

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.

NOTE: In addition to the $370 application fee required to file Form I-539, V applicants are required to pay an $85

biometrics services fee for USCIS to take their fingerprints.

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:

You must be the spouse or the unmarried child of a lawful permanent resident;

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

You must have been waiting for at least 3 years after Form I-130 was filed for you; or

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;

(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.

Form I-539 Instructions 12/23/16 N

Page 10 of 16

Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status Page 10