Whether you’re a visitor, student, or dependent in the U.S., your immigration journey may require flexibility. That’s where Form I-539 comes in. This essential form allows nonimmigrants to extend their stay or change to another legal status without leaving the country.
In this blog, we’ll break down what Form I-539 for change of status or extension of stay means, who can file it, how to fill it out, what documents you need, and what to expect during the process.
By the end, you’ll know exactly how to submit your I-539 change of status or extension application confidently and in compliance with immigration laws.
What Is Form I-539 and What Is It Used For?
Form I-539, officially known as the Application to Extend/Change Nonimmigrant Status, is issued by U.S. Citizenship and Immigration Services (USCIS). It allows certain nonimmigrants to:
- Extend their authorized stay in the U.S.
- Change from one nonimmigrant status to another (e.g., from B-2 visitor to F-1 student)
This form allows you to request this change without leaving the United States.
Who Can Use Form I-539?
You can file Form I-539 for change of status or Form I-539 extension of stay if you’re in the U.S. under a visa type such as:
- B-1/B-2 (Visitor/Tourist)
- F-1 or M-1 (Student)
- J-1 (Exchange Visitor, with restrictions)
- H-4, L-2, O-3, P-4, etc. (Dependents of primary visa holders)
However, not every visa holder qualifies. For example, individuals in the Visa Waiver Program (ESTA) are not eligible to extend or change status using Form I-539.
When to File Form I-539 for Extension or Change of Status
Timing is everything when it comes to immigration especially when filling for a form I-539 change of status or extension. USCIS recommends filing:
- At least 45 days before your I-94 expires if you’re applying for an extension, or
- As soon as you decide to change status, especially if your current status will expire soon.
This helps avoid falling out of legal status while waiting for a decision.
How to File Form I-539: Step-by-Step Instructions
You can file Form I-539 online through your USCIS account or by mailing a paper form, depending on your eligibility. Here’s a simplified breakdown:
1. Gather Your Documents:
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Complete Form I-539 Carefully
Start by filling out Form I-539 online or downloading the latest paper version from the USCIS website. Ensure all sections are accurate, including your personal details, visa type, and request. Using the most up-to-date I-539 extension form helps avoid delays or denial.
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Prepare a Copy of Your I-94 Record
Next, include a copy of your Form I-94 Arrival/Departure Record, which proves your current authorized stay in the U.S. You can retrieve it easily online from the CBP I-94 website. This is crucial for both a change of status using I-539 form and for filing a Form I-539 extension of stay.
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Include a Valid Passport
You must submit a copy of the identity page(s) of your valid passport, including the expiration date. USCIS will use this to confirm your nationality and that you’re eligible to remain in the U.S. Your passport should remain valid throughout the time your Form I-539 is pending and beyond.
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Prove Your Current Status
Provide documents that prove your nonimmigrant status is still valid. This could include your visa page, SEVIS Form I-20 (for students), DS-2019 (for J-1 visa holders), or approval notices for dependents. This is a critical part of a successful form I-539 change of status or extension application.
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Submit Financial Support Evidence
Submit evidence that you can financially sustain your stay. This may include bank statements, a sponsor letter, or an affidavit of support.
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Write a Personal Explanation Letter (If Required)
Add a short letter explaining why you’re requesting the change of status using I-539 form or an extension of stay. This helps USCIS understand your intent.
2. Pay the Required Filing Fees
After gathering all of the necessary documents, the next step is to get ready to pay the required filing fee. The standard fees are:
- Form I-539 application fee: $470
- Biometrics fee: $85 (if required)
Check the USCIS fee schedule before submitting, as these amounts can change.
3. Submit Your Application to USCIS
After paying the fee, you can submit Form I-539 online for faster processing and easy tracking. If online filing isn’t an option, mail the paper form to the correct USCIS lockbox based on your visa type and state. Use certified mail or a courier to confirm delivery.
4. Attend Your Biometrics Appointment (If Required)
After you submit Form I-539, USCIS may schedule a biometrics appointment at your local ASC. You’ll get a notice with the date and location. The $85 fee covers fingerprinting and photo collection for background checks.
What Is the I-539 Processing Time in 2025?
One of the most common questions applicants ask is, “How long does it take to process Form I-539?” The Form I-539 processing time can vary depending on your visa category, the USCIS service center handling your case, and whether you’re requesting a change of status or an extension of stay.
On average, most applicants can expect a decision within 3 to 8 months. To get the most accurate estimate, you can check the current timeline for your specific case type on the official USCIS Case Processing Times page.
Also, if you’re wondering whether you can remain in the U.S. during this waiting period, the answer is yes, as long as you filed your Form I-539 before your I-94 expires, you’re generally allowed to stay in the U.S. while your I-539 is pending. This period of authorized stay is considered lawful until USCIS makes a final decision on your application.
Supporting Documents You’ll Need
Many applications are delayed or denied due to incomplete supporting documentation. Make sure to include your:
- Passport identity and expiration pages
- Most recent I-94
- Proof of ongoing status or visa intent (e.g., admission letter for students, marriage certificate for spouses)
- Bank statements or affidavits of support
- A cover letter explaining your request, especially for change of status
What Happens if Form I-539 Is Denied?
Many applicants worry: “What happens if my Form I-539 is denied?” It’s a valid concern, and understanding the outcome is important.
If USCIS denies your Form I-539 change of status or extension of stay, your lawful status ends as of the date listed on your I-94 record (unless otherwise stated in the denial notice). This means:
- You must leave the U.S. immediately to avoid unlawful presence.
- Overstaying can result in visa cancellations or bars from re-entry.
- Depending on the reason for denial, you may be able to file a motion to reopen or reconsider.
When in doubt, it’s best to consult an immigration attorney to understand your options.
Common Mistakes to Avoid When Filing I-539
Filing Form I-539 for extension or change of status isn’t complicated, but small mistakes can lead to serious delays or denials. Avoid the following:
- Filing after your I-94 has expired
- Not including all required supporting documents
- Incorrect fee payment
- Submitting an outdated form version
- Forgetting to sign the form
Final Thoughts: Should You File Form I-539 on Your Own?
While many people successfully file Form I-539 for change of status or extension of stay on their own, others may benefit from professional guidance, especially if you’re unsure about eligibility, documentation, or timing.
Whether you’re extending your tourist stay, switching to student status, or simply navigating immigration forms for the first time, understanding how to use Form I-539 properly is key to protecting your legal stay in the U.S.
If you’re unsure about the process, speak with a qualified immigration attorney or use official resources to make sure you’re on the right track.
You can also visit ImmigrationQuestion.com to ask your questions for free on the open forum and get real answers within hours. You might even qualify for a free consultation with a licensed immigration attorney who can personally guide you through your change or extension of status process.
Form I-539 Frequently Asked Questions
1. How to fill out Form I-539?
Follow the official USCIS instructions line by line. Ensure all fields are filled, and explanations are provided where necessary. Use black ink for paper applications.
2. When should I file I-539 for a B2 extension?
File at least 45 days before your B2 status ends.
3. Does I-539 include a biometrics fee?
Yes. Most applicants are required to pay an $85 biometrics fee, in addition to the application fee.
4. Can I file Form I-539 online?
Yes. Many categories are eligible to use the USCIS online portal for faster filing and real-time updates.
5. Can I Include My Family Members on One I-539?
Yes, you can include spouses and children on the same application as long as they are requesting the same type of extension or change of status. You’ll need to complete a separate Form I-539A for each dependent.
6. Can I Work While My I-539 Is Pending?
No, filing Form I-539 does not give you work authorization. For example, if you’re switching from a B-2 tourist visa to F-1 student visa, you must wait for approval before starting any on-campus job or optional training.
