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Foreign nationals with nonimmigrant immigration status may apply to extend their stay if they need to remain in the United States longer by using Form I-539.
The procedure is handled by U.S. Citizenship and Immigration Services (USCIS), and the form can also be used to request a change to a nonimmigrant visa category.
Who can use Form I-539 to extend their stay?
On its official website, USCIS explains that Form I-539 may be used by people admitted under certain nonimmigrant visa categories who meet USCIS requirements:
- Tourist or business visitors with B-1/B-2 visas may request authorization to stay longer for temporary reasons.
- Academic students with F visas may request certain changes or extensions of status, depending on their immigration situation.
- Exchange visitors with J visas may file requests related to their status, as appropriate.
- Dependents of temporary workers or family members with derivative status may apply for an extension through this form.
What is Form I-539 for, and how should it be used?
Form I-539 allows applicants to request from USCIS an extension of an authorized stay or a change to another nonimmigrant visa category.
It can also be used to request reinstatement of status for certain F-1 and M-1 students who have fallen out of status.
To file the application, follow these steps:
1. Complete Form I-539 with your personal information, immigration information and the type of request you want to make.
2. Attach the required documents, such as the I-94 record and any specific evidence requested for your immigration category.
3. Pay the applicable fee based on the type of filing.
4. Submit the application online if your category is eligible, or by mail following the official instructions.
USCIS recommends filing the application at least 45 days before the authorized stay expires. In general, it must be submitted before the expiration date listed on Form I-94.
Who cannot use this form to extend their stay or change status?
USCIS says certain immigration categories cannot use Form I-539 to request an extension or change of status.
The main restrictions include:
- People admitted under the Visa Waiver Program (ESTA) cannot extend their stay or change their immigration status through this process.
- People in transit (C visa) cannot request an extension with Form I-539.
- Crewmembers (D visa) cannot use this form to extend their stay.
- Fiances of U.S. citizens (K-1 and K-2) cannot request an extension with this form.
- Principal temporary workers: people in certain employment categories, such as H-1B, H-2A, H-2B, L-1, O-1, P-1, R-1 and TN, must file for extensions using Form I-129, submitted by the employer, not Form I-539.