If you’re in the U.S. on a temporary visa and your plans change, you’ll need to file Form I-539. It’s the USCIS form used to extend your stay or change your nonimmigrant status without leaving the country.
It is a way to remain lawful while extending your stay in the U.S.
What Form I-539 Does
Form I-539 is the Application to Change or Extend Nonimmigrant Status.
You use it to do one of two things:
- Stay longer under the same visa
- Switch to a different non-immigrant status
When You’d File Form I-539
-
You Want to Stay Longer
Your I-94 expiration date is coming up, but you’re not done with your activities in the U.S., so you file an I-539 to ask for more time.
Common examples:
- B-1/B-2 visitors
- F-2 or M-2 dependents
- Certain other temporary visa holders
The rule is to file before your I-94 expires. USCIS recommends filing about 45 days early.
-
You Need to Change Status
Plans change. You might enter as a visitor and later decide to study. Or you’re a dependent and want your own status.
Form I-539 lets you request that switch. If approved, your status changes without leaving the U.S.
Who Uses Form I-539
This form is not for everyone. People who typically file it include:
- Visitors extending a short stay
- Dependents staying with students or exchange visitors
- F or M students applying for reinstatement
- CNMI residents applying under special rules
- Certain dependents in family-based temporary categories
Who Cannot Use Form I-539
Many visa categories don’t use I-539 at all.
Examples include:
- Most work visas like H-1B, L-1, O-1
- Principal E-1 and E-2 treaty investors
- ESTA/Visa Waiver entrants (with minimal exceptions)
Those cases usually require Form I-129 or consular processing. Filing the wrong form can get your case rejected, and you don’t get the filing fee back.
How the I-539 Process Works
Step 1: File Before You Fall Out of Status
Your I-94 controls everything. Once it expires, things can get complicated.
So, file early and keep proof of filing.
Step 2: Choose Online or Paper Filing
Many people can now file an I-539 online through USCIS.
That helps because:
- The system uses the correct form version
- You get instant confirmation
- You can track your I-539 status online
Step 3: Submit Evidence
USCIS wants proof. That usually includes:
- Your passport
- Your I-94 record
- Proof you maintained status
- Documents supporting your reason to stay or change
If you’re changing status, you must show you qualify for the new category.
I-539 Requirements for Approval
To get approved, USCIS generally looks for the following:
- You entered the U.S. lawfully
- You followed the rules of your status
- You filed on time
- You’re eligible for what you’re requesting
Filing doesn’t guarantee approval, but it keeps you in a period of authorized stay while USCIS decides.
I-539 Fees and Biometrics
Form I-539 has a filing fee. The exact amount depends on:
- Your category
- Current USCIS fee rules
Biometrics used to be standard. Now, most applicants are exempt, but USCIS can still request it.
Always check the current fee schedule before filing. Fees change, and USCIS won’t process an underpaid application.
What Happens After Approval
If USCIS approves your I-539:
- Your stay is extended or
- Your status changes to the new category
You’ll get an approval notice with dates. That notice determines your lawful stay.
An Important Reminder
Form I-539 doesn’t give you a visa stamp. If you leave the U.S. after approval, you may still need a visa from a consulate to return.
Get Answers to Your Pressing Immigration Questions
Immigration rules are extensive and complex. That’s why ImmigrationQuestion.com exists.
You can post your immigration questions for FREE and get responses from licensed U.S. immigration attorneys.
If you’re unsure about Form I-539, your status, your timeline, or your next step, ask.
The right answer, at the right time, can make all the difference. Visit ImmigrationQuestion.com now to get started.
Frequently Asked Questions
1.What is Form I-539 used for?
Form I-539 is used to request an extension of stay or a change to another non-immigrant status while you’re already in the U.S. It doesn’t apply to green cards or immigrant visas.
2. Who should file Form I-539?
You may need it if you’re a visitor, student dependent, or another eligible nonimmigrant whose stay is ending, or if you want to change from one temporary status to another.
3. When should I file Form I-539?
File before your I-94 expires. USCIS recommends at least 45 days before. Filing late can put you out of status.
4. Can I stay in the U.S. while my I-539 is pending?
Yes, as long as you filed on time and didn’t violate your status. Your stay is considered authorized while USCIS reviews your case.
5. Can I work while my I-539 is pending?
Filing Form I-539 does not give you work authorization. Working without permission can cause serious problems.
6. Can I file Form I-539 online?
USCIS allows online filing for certain categories. Eligibility depends on your situation and whether you’re filing for yourself or with dependents.
7. How much are the I-539 filing fees?
There is a base filing fee, and fees can change. Some applicants are no longer required to pay a biometric fee. Always check the current USCIS fee schedule before filing.
8. What happens if my I-539 is denied?
If denied, you may be considered out of status as of the denial date. This can affect future visa applications, so it’s essential to know your options and act quickly.
6. Do I need a lawyer to file Form I-539?
Not always. But if your situation is complicated or time-sensitive, getting guidance from a licensed immigration attorney can help you avoid mistakes.
