I-539, Application To Extend/Change Nonimmigrant Status
Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.
We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.
On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on prior editions of Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on prior editions of Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.
Please bring your application support center (ASC) appointment notice (Form I-797C) to your scheduled biometrics appointment. If you filed multiple I-539 applications and received multiple ASC appointment notices, please bring all notices to your first scheduled appointment at the specified ASC.
If you do not bring all of your ASC appointment notices to your first biometrics appointment, USCIS may not be able to associate you with all of your pending ASC appointment notices for your filed I-539 applications.
If you do not bring all ASC appointment notices to your biometrics appointment, you must attend all subsequent ASC biometrics appointments or risk possible denial of your other I-539 applications due to abandonment. See 8 CFR 103.2 (b)(13)(ii).
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.
What This Form Can Help You Do
Form Details
Dates are listed in mm/dd/yy format.
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.
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.
- Individuals changing into or extending H-4, L-2, E-1, E-2, E-2C, E-3, or E-3D nonimmigrant status are not required to submit the biometric services fee, effective May 17, 2021 – May 17, 2023.
Use our Fee Calculator to help determine your 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.
View the checklist of required initial evidence.
| Nonimmigrant Type | Additional Instructions |
|---|---|
Commonwealth of Northern Mariana Islands (CNMI) residents |
|
| B nonimmigrant extension | |
| B1 or B2 nonimmigrants | |
| K-3/4 nonimmigrants |
|
| V nonimmigrants |
|
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.