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Form I-539 is used by nonimmigrants who wish to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay or a change to another nonimmigrant status.
If you are in the U.S. as a temporary visitor on what’s known as a nonimmigrant visa, you may apply for an extension.
Form I-539 is used by foreign nationals who are already residing in the U.S. and who want to change, extend, initiate, or reinstate their nonimmigrant status in the U.S. without having to leave and apply for a new visa. It is commonly used by dependents of people on work visas, students, and visitors in the United States.
In certain situations, you may use this form to apply for an initial nonimmigrant status.
The application must be submitted at least 45 days before your current visa expires.
However, some exceptions would allow you to apply after the standard recommended time, the exceptions are as follows:
All nonimmigrant visa categories from A to V are eligible.
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:
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:
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.
Please read these instructions carefully:
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