Check Your Eligibility to File Form I-539 Online

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 in the Federal Register (Vol. 84, No. 157) (PDF).

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.