For nonimmigrants currently residing in the United States, maintaining legal status is crucial. Form I-539, issued by the United States Citizenship and Immigration Services (USCIS), is a fundamental application used to extend or change nonimmigrant status. Whether you’re visiting on a tourist visa or accompanying a family member with a work visa, Form I-539 may be necessary to remain lawfully in the U.S. for a longer duration or transition into a different visa classification.
Who Needs to File Form I-539?
Form I-539 is used by a variety of individuals, particularly those who are:
- Tourists and business visitors in B-1 or B-2 status
- Dependents of temporary workers (such as H-4, L-2, O-3)
- F-2 or M-2 student dependents
- Individuals seeking a change from one nonimmigrant category to another
- Students applying for reinstatement of their F or M visa status
The form is not used for work-based status https://i539.tw/changes (like changing from F-1 to H-1B); those require separate applications by sponsoring employers.
Extension of Stay Using Form I-539
If you are currently in the U.S. in valid nonimmigrant status and wish to stay longer than your permitted stay, you must apply for an extension of stay using Form I-539 before your I-94 expires. For example:
- A tourist on a B-2 visa who wants to extend their visit due to family reasons or health recovery
- A dependent of an H-1B visa holder who needs to remain in the U.S. while the primary worker’s status is extended
To qualify for an extension, you must show:
- You were lawfully admitted to the U.S.
- Your visa status remains valid
- You haven’t violated the conditions of your visa
- You have a valid reason for extending your stay
Change of Status Requests
Form I-539 also allows you to change from one visa type to another. This is common in situations like:
- A tourist changing to student status (B-2 to F-1)
- A dependent changing to a new status to begin their own employment or study
- A visa holder changing to a dependent status (such as an F-1 student switching to F-2 after marriage)
Changing status within the U.S. eliminates the need to leave and apply for a new visa at a U.S. consulate abroad. However, approval is not guaranteed, and timing is crucial to avoid a lapse in legal status.
Filing Deadlines and Timing
USCIS recommends filing Form I-539 at least 45 days before your authorized stay expires. Submitting the form after your I-94 expiration date can lead to automatic denial unless you can demonstrate extraordinary circumstances.
If you file on time, you are usually allowed to remain in the U.S. under “authorized stay” while your application is pending, even if your I-94 expires during that period. However, traveling internationally while your change of status request is pending may cause USCIS to deny your application.
Required Documents for Form I-539
To successfully complete your I-539 application, you need to include supporting documents. These may include:
- A copy of your I-94 record
- A copy of your passport biographic and visa pages
- A letter explaining the purpose of the requested extension or change
- Evidence of financial support, such as bank statements or sponsor letters
- For dependents, marriage or birth certificates proving family relationships
- For students, a copy of your Form I-20 or DS-2019
Your documentation must clearly demonstrate that you meet the eligibility criteria for the requested status and that you will not become a public charge during your stay.
How to File: Online or Paper Filing
USCIS offers two filing methods:
- Online Filing – Available for certain categories and provides real-time case updates
- Paper Filing – Requires mailing the application to a specific USCIS lockbox or service center
In either case, be sure to:
- Use the correct edition of the form
- Sign the form and include all required signatures (including for dependents)
- Double-check fee amounts and payment method
- Include Form I-539A for each co-applicant (if applicable)
Application Fees and Biometric Appointment
Most Form I-539 applicants are required to pay two fees:
- A filing fee for the main form
- A biometric services fee for each applicant, including children
After filing, USCIS will schedule a biometric appointment at an Application Support Center (ASC). You must attend this appointment or risk denial of your application. During the appointment, your fingerprints, photograph, and signature are collected.
What to Expect After Filing
Once USCIS receives your I-539 application, they will issue a receipt notice (Form I-797C) containing your case number. You can use this number to track the status of your case online.
Processing times vary depending on the type of request and which service center is handling the case. It can take anywhere from 3 to 10 months, or even longer in some complex cases. Delays are common, so applicants should plan accordingly and avoid making international travel plans until their case is approved.
Approval and Denial Outcomes
If your I-539 is approved, you will receive a notice of action and a new I-94 record with your updated expiration date or changed status.
If your application is denied, USCIS will issue a letter explaining the reasons. Common reasons for denial include:
- Filing after the I-94 expired
- Insufficient supporting documents
- Violations of current visa status
- Failing to prove nonimmigrant intent (especially for B-2 to F-1 changes)
In the case of denial, you are expected to leave the United States immediately to avoid accruing unlawful presence.
Common Mistakes to Avoid
Filing Form I-539 seems straightforward but can result in serious consequences if mishandled. Here are common mistakes to avoid:
- Filing too late after the expiration of your I-94
- Inadequate documentation to justify the extension or change
- Incomplete Form I-539A for dependents
- Ignoring biometric appointments
- Failing to maintain current visa conditions during the pending period
Reviewing USCIS instructions and double-checking your application before submission can help you avoid unnecessary delays or denials.
Reinstatement of Student Status
Form I-539 is also used for F-1 and M-1 students seeking reinstatement after falling out of status. This may happen if a student:
- Fails to maintain a full course of study
- Violates the terms of their student visa
- Fails to maintain valid status for other reasons
In such cases, the student must submit Form I-539 along with a detailed explanation, a new Form I-20 marked for reinstatement, and proof of eligibility for F or M status.
Reinstatement applications are highly scrutinized and may be denied if USCIS believes the violation was intentional or prolonged.
Legal Advice and Assistance
Although many people successfully file Form I-539 on their own, complex cases may benefit from the assistance of an immigration attorney. For example, if your application is late, your visa status is unclear, or you’ve previously had immigration issues, legal guidance can help prevent errors that may lead to denial.
Immigration laws and policies can change frequently. Staying updated and consulting professionals when needed is a wise investment in protecting your future.
Conclusion
Form I-539 is a critical part of the U.S. immigration system that allows nonimmigrants to remain compliant with their visa requirements while extending or changing their stay in the country. Whether you’re a visitor needing more time, a dependent seeking an extension, or a student applying for reinstatement, this form must be handled with care and precision. By understanding the eligibility criteria, filing procedures, required documentation, and potential outcomes, applicants can successfully navigate the process and avoid unnecessary legal complications.