Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status (Page 9 of 16) in pdf

If the T-2, T-3, T-4, T-5, or T-6 nonimmigrant is filing independently for an extension of status, this application must

be submitted with:

Justification for your extension request (statement of need and reasons);

A copy of your Form I-94, approval notice or your passport with your T nonimmigrant visa showing that you

have already been granted T nonimmigrant status; and

Evidence of relationship to the T-1 nonimmigrant principal, such as a birth certificate or marriage certificate and

proof of termination of any prior marriages.

NOTE: Extensions cannot be granted to derivative family members who are still outside the United States and have

never entered the United States in T 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 T-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.

20.

U Nonimmigrants

If you are filing for an extension of status as a U 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 U status; and

Evidence demonstrating law enforcement need, such as a new Form I-918 Supplement B, U Nonimmigrant Status

Certification, 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 U 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 U status; and

Evidence demonstrating exceptional circumstances, such as an affirmative statement or any other credible evidence.

NOTE: Extensions of U 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. U nonimmigrant status is automatically extended

when the Form I-485 is filed.

21.

U Derivative Nonimmigrants

A U derivative nonimmigrant may file for an extension of status independently, or the U-1 principal nonimmigrant

may file for an extension of U-1 status and request that this extension be applied to the derivative family members.

If the U-1 nonimmigrant principal wants the extension of status request based on law enforcement need or exceptional

circumstances described above to be applied to derivative family members with U-2, U-3, U-4, or U-5 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 U-2, U-3, U-4, or U-5status.

If the U-2, U-3, U-4, or U-5 nonimmigrant is filing independently for an extension of status, for example, based on

consular delays or to ensure 3 years of physical presence, this application must be submitted with:

Justification for your extension request (statement of need and reasons);

A copy of your Form I-94, approval notice or your passport with your U nonimmigrant visa showing that you

have already been granted U nonimmigrant status; and

Evidence of relationship to the U-1 nonimmigrant principal, such as a birth certificate or marriage certificate and

proof of termination of any prior marriages.

Form I-539 Instructions 12/23/16 N

Page 9 of 16

Instructions For Form I-539 - Application To Extend/change Nonimmigrant Status Page 9

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