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I-539 instructions Form: What You Should Know

Form I-539A form. If both of those signatures are not available, you must have the written permission of a spouse or close  relative who is in the United States to sign the form. Application for Adjustment of Status If you are not eligible to adjust Status to F, you may request an appropriate adjustment on Form I-151. See I-151 — Application of U.S. Citizenship and Immigration Services to Petition Immigrant Petitioner. The original Form I-539 is used to file Form I-539A and should not be refiled. Note: The filing of this form does not change the application status of the petitioner to permanent legal resident if the application is filed within 90 days of the date that the petitioner first became a U.S. citizen. How Do I Pay My Application Fee? The processing fee for Form I-539 is 110 for a single immigrant, 140 for a family and 150 for a group. The processing fee for all petitions is 200. To pay your 110 filing fee, complete Form I-540, Application for a Fee waiver. This will waive the 110 fee. The processing fee will then be credited to your U.S. Citizenship and Immigration Services account. To pay your 140 filing fee and any applicable late fees, see Form I-540A, Application for Fee waiver and Form I-540S, Application for Fee waiver and refund ; these will be reviewed on a fee basis and approved if your filing fee is less than 200. When Do I Return the Form I-539? If you are not entitled to a fee waiver, you must return your application (I-539) within 90 calendar days of the petition filing date if filed by mail or within 90 calendar days after the petition filing date if filed in person. The  90-day return deadline applies to petitions filed by mail only; the date the petition is filed in person does not count as the appropriate date. If you do not return the  Form I-539 by the return deadline, you do not forfeit the 10 fee that was waived. If you receive a waiver for filing fees or the filing deadline, and you  do not pay the required fee by the time the waiver is issued, you still may not be eligible for a fee waiver.  There are no additional fees for filing a petition on Form I-539S.

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