Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status (Page 8 of 16) in pdf

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 copy of the front and back of Form I-94 for each person included on this application;

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

At least one of the following:

(1)

Form I-129, Petition 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-129

petition;

(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-129 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 copy of your Form I-94 or approval notice showing that you have already been granted T status; and

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.

If you are filing for an extension of status as a T nonimmigrant based on exceptional circumstances, this application

must be submitted with:

A copy of your Form I-94 or approval notice showing that you have already been granted T status; and

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

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.

Form I-539 Instructions 12/23/16 N

Page 8 of 16

Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status Page 8

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