However, some exceptions would allow you to apply after the standard recommended time, the exceptions are as follows:

• The length of the delay was reasonable and due to extraordinary circumstances for which you were not responsible and beyond your control
• You have not violated your status
• You are not undergoing any legal removal proceedings

Nonimmigrants in the United States are eligible to apply for an Extension of Stay, and Change of Status Application, except those noted in Who is not eligible to file Form I-539 section below.

Multiple Applications

Spouses and unmarried children under the age of 21 may be included in the Extension of Stay or Change of Status applications as co-applicants, as long as all applicants simultaneously hold the same status or in its defect are all in derivative status.

Extensions granted to members of a family group must be for the same period of time. The shortest period granted to any member of the family shall be granted to all members of the family.

You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program or if your current status is one of the following:

• An alien (foreign citizen) in transit (C-type visa) or in transit without a visa (TWOV).
• A crewman (D-type visa).
• A fiancé(e) or a fiancé(e) dependant (K-1 or K-2-type visa).
• A legal spouse (K-3-type visa) of an American citizen and their lawful children (K-4-type visa) are not eligible to receive another nonimmigrant status.

Exception: K-3 and K-4 visa types are eligible to apply for visa extension status. It is recommended they file for a period extension, during the processing of Form I-130 until the adjustment-of-status application is finalized.

Note: Any Nonimmigrant with an A to V-type of visa may not change their status to a K-3 of K-4 status.

• Evidence: You will be required to submit evidence and supporting documentation along with the application form. If deemed necessary you may be required to provide additional evidence.
• Biometrics Services Appointment: Once your application has been received and revised, the USCIS will inform you in writing when to go to your local USCIS Application Support Center (ASC) for your biometrics services appointment. Failure to attend this interview may result in the rejection of your application.
• Copies: You must submit legal copies of all required documentation unless specifically asked for originals. However, if you provide un-required original documents, they may be retained and stored as evidence for your application and may never be returned.
• Translations: Please provide legal translation of all submitted documents in a foreign language. Remember that each page must be stamped and signed by a certified English translator