I-539, Application To Extend/Change Nonimmigrant Status

ALERT:  On Feb. 21, 2020, the Supreme Court lifted the statewide injunction issued by the U.S. District Court for the Northern District of Illinois affecting Illinois filers. USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois, on Feb. 24, 2020. USCIS will apply the final rule to all applications for adjustment of status, and applications and petitions for extension of nonimmigrant stay or change of nonimmigrant status postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the final rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 2020.

The final rule requires certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019 as though they refer to Feb. 24, 2020.

USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report the receipt of any public benefits received before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule. 

Read the final rule (PDF).


USCIS has updated the Direct Filing Addresses for Form I-539, Application to Extend/Change Nonimmigrant Status, for the U-based nonimmigrant classification.

Please refer to the Direct Filing Addresses for Form I-539, Application to Extend/Change Nonimmigrant Status for information on where to file petitions for U-based nonimmigrants.

Please note, USCIS will allow a 30-day grace period in which affected petitioners may file Form I-539 at the previously designated service centers. The grace period will end on April 11. After this date, USCIS may reject those petitions sent to the incorrect service center.

The following groups use this form:

  • Certain nonimmigrants extending their stay or changing to another nonimmigrant status;
  • CNMI residents applying for an initial grant of status;
  • F and M nonimmigrants applying for reinstatement; and,
  • Persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant.

Number of Pages

I-539 Form 7; I-539 instructions 17. I-539A Form 4; I-539A instructions 3.

Edition Date

10/15/19. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

Where to File

For a complete list of mailing addresses, visit our Form I-539 Direct Filing Addresses webpage.

If filing at a Lockbox, please read our filing tips.

Filing Tips for Form I-539, Application To Extend/Change Nonimmigrant Status

Complete all sections of the form. We will reject the form if these fields are missing:

  • Part 1 – Information About You
    • Family Name
    • Mailing Address
    • Date of Birth
    • Current nonimmigrant status
  • Part 2 – Application Type
    • I am applying for (1., 2.. or 3.a.)
    • The status I am requesting (3.b or 3.c)
    • Total number of People Included in This Application.

Filing Tips for Form I-539A, Supplemental Information for Application To Extend/Change Nonimmigrant Status

  • Part 1 – Information About the Person filing Form I-539A
    • Family Name

Don’t forget to sign your form! We will reject any unsigned form.

Filing Fee

$370.  You and each co-applicant must also pay an $85 biometric services fee.  Exceptions: Individuals changing into or out of A-1, A-2, A-3, G-1, G-2, G-3, G-4, G-5, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 status are not required to submit either the filing fee or the biometric services fee.

You may pay the fee with a money order, personal check, or cashier’s check.  When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Checklist of Required Initial Evidence (for informational purposes only)

View the checklist of required initial evidence.

Special Instructions

Inadmissibility on Public Charge Grounds final rule implementation 

Aliens requesting an extension of stay or change of status who are subject to the new public benefit condition do not need to report the receipt of public benefits on Form I-539 if such benefits are received before Feb. 24, 2020. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020. 

Nonimmigrant Type

Additional Instructions

Commonwealth of Northern Mariana Islands (CNMI) residents

B nonimmigrant extension

B1 or B2 nonimmigrants

K-3/4 nonimmigrants

  • File Form I-539 to extend your status while your permanent resident case is pending.
  • You may file Form I-765 with Form I-539.
  • You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

V nonimmigrants

  • You may file Form I-765 with Form I-539.
  • You may travel outside of the U.S. and be readmitted as a V nonimmigrant, if you have a valid passport and obtain a V visa from the Department of State.

 

E-Notification: If you want to receive an email and/or text message that your Form I-539 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application.

Related Links

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