Check Your Eligibility to File Form I-539 Online
ALERT: On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)
On Jan. 31, 2020, the Secretary of Health and Human Services declared a public health emergency, effective Jan. 27, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID-19. On Feb. 24, 2020, DHS implemented the Public Charge Rule to be applied prospectively to any application or petition postmarked, or if applicable, submitted electronically on or after that date. On March 13, 2020, the President issued Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On the same day, USCIS issued an alert addressing COVID-19 and public charge determinations under the Public Charge Rule.
As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.
For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that only relates to the evidence required by the Public Charge Rule, including information provided on the Form I-944 or any supporting documentation included with that form, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A, Part 6 on Form I-129, or Part 6 on Form I-129CW, or any additional documentation pertaining to the public benefit condition. Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A.
USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.
In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)
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.