Applicatin to Extend/Change Nonimmigrant Status 2021-2023

The I-539 Form is used when: You are applying for an amendment to your I-551 (or other USCIS form) or you are submitting your U.S. residency to USCIS, and You do not have any other valid form of U.S. permanent residence. The form is typically only used when the USCIS is not able to document that you are in lawful permanent residence. If you have already received a notification from USCIS of a denial of your immigration benefits based on your USCIS I-551, you must complete and submit the I-539 Form to request a review. If you receive a notice of an ineligibility or of revocation from USCIS, you must complete and submit the I-539 Form to request a review. Before you complete the I-538, USCIS will need to know who you are, but the I-539 should cover all the information that USCIS needs. The I-538 provides a summary of all the information that USCIS needs to make a decision about immigration benefits, including: Your name and date of birth, If you have a spouse who is or has been in the United States legally, Identification number, Place of birth, Sex, Current marital status, Dates and places of U.S. and abroad school and employment, and Whether you have health insurance, such as a student or worker's health insurance, and Medical certifications, such as a letter from your physician stating that you are not suffering any physical health problems that may have a negative effect on your ability to practice, a letter from the State licensing authority stating that your qualifications were not properly established for your profession, or letters stating that you lack requisite skills and qualifications. If you have a spouse who is in the U.S., they must also complete a separate Form I-550 (if applicable) to include your information. Do I need to provide proof that I have been or am I going to study or work abroad or to enter the United States as a visitor (nonimmigrant)? If the I-538 states that you have a visa issued by a country other than the United States, you must have an official document issued by that country stating you are an eligible immigrant or the immigration benefits from that country. If you are a U.S.

You should complete the I-539 form if: You are applying for an F-1 student visa. Furthermore, you are a legal permanent resident in the U.S. Furthermore, you are applying for a spouse or minor child. Furthermore, you are entering the U.S. to study or work. Furthermore, you are entering the U.S. to visit or do business with someone who you don't have legal authority to meet in person. Furthermore, you are an adult who intends to file a joint return or qualifying widow(er). Furthermore, you want to provide a U.S. employer with the person's social security number, but you are unable to present a Form SS-566 (W-2). Furthermore, you are applying for a child, spouse, or dependent under the age of 18 with a dependent spouse under the age of 18 or an immigrant who is married. Furthermore, you are a legal alien applying for an adjustment to an F-1 status. Furthermore, you are coming into the U.S. for a visit to visit a relative or to meet a family member outside the family unit. Furthermore, you are entering the U.S. on an F-2 or L-1 visa, and you are applying for a relative who previously requested an L-1 visa. What is the difference between an immigrant (immigrant visa) and an excludable alien (nonimmigrant visa)? An immigrant visa is granted to people who are in the U.S. temporarily, are not required to leave the country as a condition of their admission, and who are not subject to the immigration laws of the U.S. or the immigration laws of one country other than the country of nationality of their permanent residence. Excludable aliens are people who are in the U.S. in order to seek asylum, but who do not qualify in other ways. Who should complete USCIS Form I-826? You should follow the I-826 instructions provided by your country of citizenship or residency if: You are applying for a visa that is not a student visa. Furthermore, you are applying for an adult H1-B, H2-B, K, L, P1, P2 or P3 employment visa. Furthermore, you are applying for an F-1 student visa, as an immigrant.

In order to file a I-130 petition, you must file to start the process of acquiring the necessary papers. If USCIS decides you cannot establish self-sufficiency, you must file an I-797 petition. For a complete list of deadlines and materials for these two types of petitions, refer to USCIS' I-797 Filing Deadlines. What's the difference between I-560 / I-540 / I-485, FSR (Form I-129)? I-129 is a temporary visa that allows you temporary entrance into the United States for a limited time. It can be renewed when you leave the United States. FSR: Generally used to get permanent immigration relief from deportation and exclusion. Applying for permanent immigration relief from deportation requires USCIS to give you the I-130 petition before you start the I-130 process. To establish lawful presence, you need to file I-130 within 365 days of the date the I-130 request is received. The I-130 petition is the legal document you provide USCIS (and the U.S. Department of State Department of Homeland Security), and the U.S. government will use the I-130 petition as proof that you are in the United States for a specific purpose. All applicants who are granted permanent immigration relief must have a I-130 petition (I-130) filed within 30 days of being granted that status. There are several types of I-130 documents required. Each one is an affidavit submitted to USCIS indicating that you are a permanent resident. I-130 Petition. This is required for permanent immigration, including adjustment of status. I-130 must be filed within 30 days of the date the I-130 request is received by USCIS. There are requirements for the form, such as answering personal questions, identifying reasons why you are applying for asylum and providing supporting documentation. (Read more about I-130 forms.) Refugee Travel Document (RF-521). This document is used to prove you are a refugee and are entitled to travel to the United States to seek asylum. You must go through a refugee processing center to get this document, then it must be returned to your local U.S. embassy or refugee processing center after being approved for travel in order to verify approval and get the visa. Refugee Petition to Extend Protected Status. If you are not a U.S.

Yes, you can create a USCIS I-539 for self-employed foreign nationals who are filing Form I-134. To download these forms, you can go to USCIS Forms and Publications. Additional USCIS I-526 forms? If you received one of our other I-526 petitions, you must apply any of these forms to USCIS to process your I-526. U.S. citizen foreign nationals may also use any of these forms to file the USCIS I-539. If you want to apply all three forms to USCIS to process I-539 as a Form I-526, they do not all have to be applied to USCIS; the application can use anyone or all of the forms. See section 10 of our form I-551, Temporary Resident Alien Registration and Status, for more information. How do I apply to USCIS for my USC I-565 Form I-1307? USCIS will accept USC I-565 petitions only if it is first issued to the U.S. citizen and the foreign national files and submits USC I-565 to USCIS. How do I apply USCIS for a USC I-2098, Form I-2097 or I-2097-GE? A U.S. citizen must first file USC I-2098 to obtain a green card. USCIS will then approve or deny the adjustment of status. However, it may grant an adjustment only if the U.S. citizen makes the appropriate adjustment within 2 years of filing USC I-2098. For more information, see our information bulletin on USC I-2098. Does USCIS provide a service for filing a USC I-571 petition? No, there is no service for USCI-571 petitions. How do I apply for a P-5 to obtain my green card? To file a P-5 Petition Form and to apply for a green card, you must first register with USCIS and then apply for a green card: Apply to Register with USCIS. If you are not already registered, apply through USCIS. You don't have to complete the F-9 or I-94 or pay any fees to file the P-5 Petition Form. You must complete the F-8B if you wish to file for a P-5 Visa.

Complete a USCIS Form I-601, Application for Petition to Remove From Immigration Status, along with supporting documentation as requested. How do I apply for a USCIS waiver to reduce the penalty? Complete a USCIS Form ETA-6020, Application to Reduce or End the Visa Penalty. You don't need the waiver application form as you can submit Form I-601 for a waiver that removes a USCIS entry point as soon as your I-589(b) fee has been paid, and you've received an I-551/I-551A notice about your waiver. There isn't a fee to get the visa waiver. However, USCIS does recommend you have your I-551/I-551A notice ready when you complete your Form ETA-6020 and request a waiver to reduce the visa penalty. How can I avoid the visa penalty? You should be familiar with the visa enforcement provisions in I-921. For information on penalties related to USCIS's enforcement of USCIS Form I-797, see Penalty for Imperfect Visa Applications (I-797). For information on penalties related to USCIS's enforcement of I-94, see Visa Violation Penalties (I-94). For information on penalties related to USCIS's enforcement of I-797, see Penalty for Imperfect Visa Applications (I-797). For information on USCIS's enforcement of I-94, see Visa Violation Penalties (I-94). For information about USCIS's enforcement of USCIS Form I-797, see Visa Violation Penalties (I-797). You should be familiar with the visa enforcement provisions in I-921. For additional information on the USCIS requirements for completing a USCIS Form I-601 to get a waiver or to reduce the penalty, see USCIS Entry Permits Information. You should also be familiar with the information at the USCIS website:. If you have had previous USCIS entry penalties and have not paid the USCIS I-589(b)(1) or USCIS I-551(A) notice payments as requested, you can request a waiver to keep USCIS off your record as discussed in the “How do I avoid the visa penalty?” question above.

The form should be mailed to USCIS, Passport Services Center (PSC) in Miami, FL. For additional questions, call 786.777.6784 or visit. You may also want to call your state Department of Motor Vehicles to make arrangements for the form to be mailed to them. Who can I contact for guidance on how to get an I-539? You may contact an I-539 specialist at the USCIS Passport Services Center in Miami, FL. The specialist is trained in the I-539 process and has available assistance in resolving I-539 queries. More information about the I-539 specialist can be found in the USCIS Passport Services Center brochure. The brochure can be obtained at any USCIS office, I have been issued the immigrant visa (green card) and it has not arrived yet. What should I do? If you have been issued a nonrenewable immigrant visa (green card) and it has not arrived, you will need to go directly to USCIS, Passport Services Center (PSC) in Miami for processing of Form I-551. There is no other way to do this. The time required for the I-551 form to go through the various immigration processing centers varies. USCIS has to take all the information you provide to determine whether the immigrant visa is issued. If the visa does not receive an approval, it will be returned to the applicant. It is extremely important that the person be aware of the immigration status and the date that he or she received the visa so that he or she can contact the appropriate visa office to determine if the visa still needs to be processed. If the visa does not receive an approval and is issued, go directly to USCIS to obtain a copy of the approved Form I-551 and follow the instructions for obtaining a return receipt stamped by the visa office as proof of completion in the visa office. Please use this form so that the proper fees can be charged. I have received a Visa and have been issued a Form I-560. Does this replace my I-539 (or Form 708)? Yes, the I-560 replaces your I-539 since any Form I-560 information is to be submitted to USCIS.

You need to attach the following documents when filing an I-540 petition: Proof that you filed the I-540 petition for a foreign spouse or dependent: In-person affidavits from two family members who attest to the fact that you and your spouse or domestic partner lived together in a long-term relationship. You must also provide documentation of either your income, your expenses, or your deductions. You are required to provide the affidavit or affidavit witness after you are granted a green card. A copy of what you will be filing the petition for in-person: an I-590 (I-485 Petition for Alien Relative), Form I-130, and all supporting documents. You will be asked to attach any documentation that supports your claim of a dependency. This includes copies of marriage licenses, annulments, and decrees. How do I pay USCIS the fees to file my I-540 petition and to pay the I-540 processing fee? You must pay USCIS the filing fees (400) and the I-540 processing fee (250). You must pay the I-540 processing fee by the same method used to pay the I-485 petition (cash) to the address below. The filing and processing fees must be paid in a single payment, due on or before the date your file is due. USCIS Processing Fee: 350 (USD) Fee Paid: 250 When paying the processing fee, please ensure that the address for payment is on the form. All payments must be made to the following address, regardless of payment method: Immigration Legal Center P.O. Box 381918 Chicago, IL 60 How long does it take to file an I-540 petition in-person, and how do I find the appropriate USCIS office? The processing time for IN-person I-540 petitions ranges from 3 months to 4 years. The actual processing time depends upon many factors, including, but not limited to, the applicant's age, length of stay, foreignness, filing date and number of prior petition(s).

This chart explains the types of USCIS I-539 that you may receive depending on the reason you filed an application. Note to USCIS I-539 application services (I-360): When I-539 isn't processed I-539 is not processed at the USCIS or the immigration service center. As such, my application may not be approved. To avoid this situation, you'll want to try again to file your application one time, as noted earlier. However, when USCIS makes you wait until your I-538 (or I-485) application is processed to send in the I-539, the USCIS will no longer consider the I-538 application. USCIS will make sure that your I-539 is processed through the appropriate immigration service center (or service group), but there's no guarantee that this will happen. In this situation, you must file an I-538 or I-485 application in the future and wait until USCIS makes your I-539. USCIS will process it for you, but it could take up to 90 days before your application is approved. If you received the I-540 I-565 Electronic Document Filing Form When you file a P-1 visa based on the USCIS I-540 visa form, you are not required to use the I-565 (Form I-565) at the time of filing your I-565 visa petition. Instead, you will use Form I-485 (Form I-485) in the future. What are the advantages of using I-485? Because Form I-485 is a paper application, you can start to file applications at any time. If you get a letter within the 180-day notification period from USCIS, you may need to file a paper application if the letter states that your I-485 application should be filed at a USCIS service center. There are, however, also benefits to using the I-485 form rather than Form I-540. For more information about the advantages of using the I-485 Form I-485, see page 17, “Benefits of Using the I-485 Form.” When must I send in my I-539 visa petition? Form I-539 (and the I-485 form) are required to be received by USCIS at least five days before the date that your application for a visa is submitted. This is the deadline for filing a Form I-539.

For 2014 the USCIS issued 3,829,872 individual I-539s, with 2,903,600 of them being applied for in August of that year. Applying for I-539: If you do not already have an I-539 on file, you can apply for this form here. You'll need to pay a fee of 49. You'll need to provide your: Full name First 4 letters of full social security number, including last 3 letters and your year of birth Date of birth Social Security number Gender Male Female Full address including postal code and city Address of home, or address where you intend to live after your petition is approved, where your passport/insider's card is issued, to identify the type of household you're submitting the petition with. If married and/or a permanent resident, you'll need proof of your marriage or permanent residency. If not married, you may claim U.S. citizenship if you provide the following items: A copy of the marriage certificate. You'll also need your permanent residency card or naturalization certificate. If you plan to live outside of California, you will submit proof of your state-issued ID number; if filing in state, you will need to provide 1 of the following: A state-issued driver's license, military ID, citizenship papers, or similar document (such as a non-immigrant visa). If you are an alien, you will submit proof of alien classification (for more details see Eligibility). You must be a citizen of the United States, a lawful permanent resident (green card holder), or a non-citizen national residing or residing in the United States on the date you file your Form I-589B (which is your petition for an I-589). You can only apply if you did not reside in state during the last 10 years. If you plan to move outside of California, you must include the below information with any request for a change of address: The full mailing address of the place you want to move to after you file your Form I-589B; If you are planning to move to another U.S. county, provide the full mailing address of the county where your nearest USCIS office is located.

Yes. If you submit USCIS I-539 online, you must wait no longer than 60 days before attempting to schedule a biometric interview at. You must also meet with USCIS personnel before the date listed on the USCIS I-539 form. See questions (27) for more about USCIS's processing and scheduling of I-539 applications. If you intend to apply for a green card on an F-1, J-1, J-2, or nonimmigrant visa, see question (28). If you plan to apply for a nonimmigrant visa on a nonimmigrant visa petition, see question (29) for the filing timing. Can I extend my USCIS I-539? If you wish to file an I-539 extension, you must obtain a “Statement of Intent to Remain in the United States” or “Substitute Affidavit of Non-Renewal.” You can find either document and complete it at the USCIS Website: You can also request a USCIS I-797 or J-1 Form to extend your I-539 by using online resources, such as the Electronic Filing System. For more information see question (29). In most cases, the USCIS will not process an I-539 extension until six months after the date that you originally filed and received your Form I-539. When are I-539 applications due? The USCIS I-539 application is posted to the USCIS Website at on the day after your original I-539 was filed. If you have been notified of a green card status decision, the I-539 application will be completed on the day after USCIS releases your status decision. If either I-539 or the Form I-797 were not mailed, you can file your I-539 application by: Requesting a Form DS-260 (Application for Renewal of Status) from the USCIS Office of the Chief Information Officer (OIC). By requesting a Form DS-260 (Application for Renewal of Status) from the USCIS Office of the Chief Information Officer (OIC). Mailing your Form I-539 or Form DS-260 to the appropriate regional USCIS OIC.