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I-539a Form: What You Should Know
Form I-539A. All individuals accompanying the principal applicant must also submit and sign an Additional Declaration (Form I-540) that includes the same information as Form I-539A and all the same filing requirements. The forms for the applicant's children will be available from a designated USCIS Office. 1. Applicants not in the United States. A relative without United States residence (for example, a relative physically present in Mexico on January 30, 2017, for family reunion or a relative a USCIS officer determines to be lawfully present in the United States, but the applicant must be notified by an immigration officer that the relative may not qualify for the nonimmigrant visa under the new family-sponsored immigrant status requirements), including spouses and unmarried children under age 18, must contact the primary applicant's USCIS office to establish proof of citizenship or U visas. 2. Dependents of principal applicant. A principal nonimmigrant spouse may petition for a waiver of the application of this requirement if the nonimmigrant spouse is obtaining a work authorization from a U visa agency and is receiving financial or non-financial support from the principal applicant and is otherwise eligible for that status. A principal nonimmigrant child may petition for a waiver under the new application requirements so long as the parent or parent-in-law of the child is a United States citizen or is otherwise eligible for an I-130 visa (Form I-512). Dependents of dependent principal applicants in Appendix I — Dependents of Dependent Principal Applicants. The USCIS may waive the Form I-539 requirement for dependents of principal nonimmigrants who are physically present in the United States on January 31, 2017, or have been lawfully admitted into the United States for the past two years as a nonimmigrant. (Dependents of Dependent Principal Applicants: For more information and to apply for a waiver of nonimmigrant dependents of principal nonimmigrants, see: Form I-485, Independent Applicant Appendix 1 — Dependents of Principal Applicants. Dependents eligible to petition for approval under the new requirements must: — Be United States citizens or, if unmarried, spouses of U.S. citizens — Comply with all applicable rules, including the requirements of the Family Based Regulations under 8 CFR § 236.3-2601.02, 8 CFR § 56.
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