Check Your Eligibility to File Form I-539 Online
Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. The decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.
Therefore, we will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. If you send your application or petition by commercial courier (for example, UPS, FedEx, or DHL), we will use the date on the courier receipt as the postmark date.
For information about the relevant court decisions, please see the public charge injunction webpage.
What to Know About Sending Us Your Form
The current edition of the Form I-539 and I-539A, dated 02/04/19:
- We will accept the 02/04/19 edition of this form if it is postmarked before Feb. 24, 2020.
- We will not accept the 02/04/19 edition if it is postmarked on or after Feb. 24, 2020.
- On or after Feb. 24, 2020, we will accept only the edition date: 10/15/19 of the Form I-539 and I-539A.
Filing online helps you to:
- Get your application into our processing queue faster than mail delivery; and
- Communicate with us directly, without sending or receiving paper mail.
Conditions to File Form I-539 Online
You may apply online to extend or change your nonimmigrant status if you meet the following conditions.
You are applying:
- As a single applicant;
- Without co-applicants; and
- You will not require legal or accredited representation at any point in your request.
You can apply to reinstate your student status, extend, (if you already hold the status), or change to the following statuses:
- B-1, temporary visitor for business, including those in B-1A, B-1B, B-1C, and B-1D status
- B-2, temporary visitor for pleasure
- CW-2, spouse or child of a CNMI-only transitional worker
- E nonimmigrants
- F-1, academic student
- F-2, spouse or child of an F1 academic student
- H-4, spouse or child of an H temporary worker
- I, representative of foreign media and spouse or child
- J-1, exchange visitor
- J-2, spouse or child of J-1, exchange visitor
- K-3, foreign spouse of a U.S. citizen
- K-4, child of foreign spouse of a U.S. citizen
- L-2, spouse or child of an L, intracompany transferee
- M-1, vocational student
- M-2, spouse or child of an M-1 vocational student
- N-8, parent of special immigrant child
- N-9, child of special immigrants
- O-3, spouse or child of an O, alien of extraordinary ability or achievement
- P-4, spouse or child of a P, artist, athlete, or entertainer
- R-2, spouse or child of an R, religious worker
- TD, spouse or child of a TN, Canadian or Mexican professional
Family Members of Nonimmigrants
If you apply as part of a family, you may choose to:
- Apply as co-applicants, using paper Form I-539, and pay a single fee; or
- Apply online as individuals, and pay a fee for each application.
In the Near Future
We also plan to offer the ability to file your Form I-539 online if you:
- Possess T or U nonimmigrant classifications;
- Are using a legal or accredited representative; or
- Are applying as co-applicants, so family members may apply together and pay a single fee.
To file online, you will:
- Use a desktop, laptop, phone, or tablet to complete the application;
- Be guided to complete the relevant parts of online Form I-539;
- Pay your filing fee online;
- Submit your application to USCIS; and
- Receive a near-instant notification in your USCIS online account when we receive your application.
After Applying Online
You will use your USCIS online account to:
- Receive your biometrics appointment notice;
- Receive status updates about your case;
- Respond to any correspondence in which we ask you to submit evidence; and
- Update your contact information if it changes.