Instructions for Application to 

Extend/Change Nonimmigrant Status 

Department of Homeland Security

U.S. Citizenship and Immigration Services

USCIS

 Form I-539

OMB No. 1615-0003

Expires 02/28/2027

Form I-539 Instructions 04/01/24 Page 1 of 16

What Is the Purpose of Form I-539?

You should use this application if you are one of the nonimmigrants listed below and wish to apply to U.S. Citizenship 

and Immigration Services (USCIS) for an extension of stay or a change to another nonimmigrant status.

In certain situations, you may use this application to apply for an initial nonimmigrant status.

You may also use this application if you are a nonimmigrant F-1 or M-1 student applying for reinstatement.

When Should I Use Form I-539?

You must submit an application for extension of stay or change of status before your current authorized stay expires.

Even if you are approved for another status in the future, you will be required to file a Form I-539 to “bridge” any gap that 

might arise between the expiration of your current status and validity of your future status. Therefore, we suggest you file 

at least 45 days before your stay expires or as soon as you determine your need to change or extend status. Failure to file 

before the expiration date may be excused if you demonstrate when you file the application that:

1. The delay was due to extraordinary circumstances beyond your control;

2. The length of the delay was reasonable;

3. You have not otherwise violated your status;

4. You are still a bona fide nonimmigrant; and

5. You are not in removal proceedings.

Who May File Form I-539?

Extension of Stay or Change of Status

Nonimmigrants in the United States may apply for an extension of stay or a change of status on this application, except as 

noted in the Who May Not File Form I-539 section of these Instructions.

Multiple Applicants

You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application for 

the same extension or change of status, but only if you are all now in the same status or they are all in derivative status. 

You must complete Form I-539A for each person that you want to include on your application. If you need additional 

space, you may print additional copies of the Form I-539A to complete for additional co-applicants.

NOTE: Extensions granted to members of a family group must be for the same period of time. The shortest period 

granted to any member of the family shall be granted to all members of the family.
Form I-539 Instructions 04/01/24 Page 2 of 16

Nonimmigrant Categories

This application may be submitted by individuals requesting the following nonimmigrants classifications, listed in 

alphabetical order:

1. A, Ambassador, Public Minister, or Career Diplomatic or Consular Officer and Their Immediate Family 

Members

You must submit a copy, front and back, of Form I-94 Arrival-Departure Record Number, for each person included 

in the application and Form I-566, Interagency Record of Request - A, G, or NATO Dependent Employment 

Authorization or Change/Adjustment to/from A, G, or NATO Status, certified by the U.S. Department of State (DOS) 

to indicate your accredited status.

2. A-3, Attendant or Servant of an A Nonimmigrant and the A-3’s Immediate Family Members

You must submit a copy, front and back, of Form I-94 for each person included in the application.

The application must be filed with:

A. A copy of your employer’s Form I-94 or approval notice demonstrating A status;

B. An original letter from your employer stating:

(1) Your duties;

(2) That the employer intends to personally employ you for the entirety of your contract; and

(3) Arrangements you have made to depart from the United States; and

C. An original Form I-566, certified by DOS, indicating your employer’s continuing accredited status.

3. B-1, Visitor for Business, or B-2, Visitor for Pleasure

If you are filing for an extension/change, you must file your application with the original Form I-94 for each person 

included in your application. In addition, you must submit a typed or written statement explaining in detail:

A. The reasons for your request;

B. The reasons why your extended stay would be temporary, including what arrangements you have made to depart 

from the United States; and

C. Any effect the extended stay may have on your foreign employment or residency.

If you are applying for a change of B-1, visitor for business status, you must designate your desired status using the 

following classification in Part 2., Item Number 3.c. of Form I-539:

A. B-1A, nonimmigrant who is the personal or domestic servant of a nonimmigrant employer;

B. B-1B, nonimmigrant domestic servant of a U.S. citizen;

C. B-1C, nonimmigrant who is employed by a foreign airline;

D. B-1D, nonimmigrant who is a missionary; and

E. B-1, all other visa classifications not designated above.

4. Dependents (CW-2) of a CW-1 Transitional Worker

If you are filing for an extension/change of status as the dependent of an employee who is a CW-1 transitional worker, 

this application must be submitted with:

A. Evidence of lawful presence in the Commonwealth of the Northern Mariana Islands (CNMI) as defined in  8 

CFR 214.2(w)(1)(v); and

B. Evidence of each applicant’s relationship to the CW-1 transitional worker, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages; and
Form I-539 Instructions 04/01/24 Page 3 of 16

C. One of the following:

(1) Form I-129CW, Petition for a Nonimmigrant Worker in the CNMI, filed on behalf of the CW-1 transitional 

worker;

(2) A copy of the I-797 Receipt Notice related to the transitional worker’s already pending petition;

(3) A copy of the front and back of the transitional worker’s most recent Form I-94; or

(4) A copy of the I-797 Approval Notice showing the transitional worker has already been granted status for the 

period requested on your application.

NOTE: Dependents of CW-1 transitional workers must apply for extension/change of status to CW-2 on this 

application. An employer must file Form I-129CW to obtain CW-1 status on behalf of an employee or prospective 

employee.

5. Dependents of a Principal E Nonimmigrant

The principal E nonimmigrant classifications include: E-1 Treaty Traders and their E-1 employees, E-2 Treaty 

Investors and their E-2 employees, E-2 CNMI Investors, and E-3 Australian Specialty Occupation Professionals.

NOTE: Dependents of E nonimmigrants receive the same classification as the principal.

If you are filing for an extension/change of status as the dependent of a principal E nonimmigrant, you must submit 

the following with your application:

A. A copy of the front and back of Form I-94 for each person included on this application; 

B. Evidence of each applicant’s relationship to the principal E nonimmigrant, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages; and

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the principal E nonimmigrant;

(2) A copy of the I-797 Receipt Notice related to the principal E nonimmigrant’s already pending Form I-129 

petition; 

(3) A copy of the front and back of the principal E nonimmigrant’s most recent Form I-94; or

(4) A copy of the I-797 Approval Notice showing the principal E nonimmigrant has already been granted status 

for the period requested on your application.

NOTE: Dependents of principal E nonimmigrants must use this application for extension/change of status to the 

same E classification as the principal. An employer must file Form I-129 on behalf of a principal E nonimmigrant 

who is currently in the United States. If the principal E nonimmigrant is not currently in the United States, he or 

she must contact a U.S. Embassy or U.S. Consulate abroad to apply for E classification.

Dependent spouses of principal E nonimmigrants may not work upon approval of this application. To request 

work authorization, the dependent spouse must file Form I-765, Application for Employment Authorization. 

Dependent children of principal E nonimmigrants are not authorized for employment.

6. F-1, Academic Student

To request a change to F-1 status or to apply for reinstatement as an F-1 student, you must submit a copy of your Form 

I-94, as well as a copy of the Form I-94 for each person included in the application.

Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student, 

issued by the school where you will study and you must submit documentation that demonstrates your ability to pay 

for your studies and support yourself, and any accompanying dependent family members, while you are in the United 

States.
Form I-539 Instructions 04/01/24 Page 4 of 16

NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the course 

of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before 

the report date or start date of the course of study listed on Form I-20 or your requested change of status may not be 

granted.

F-1 Reinstatement

In addition to the above documents, you must also submit evidence that your violation of status resulted from 

circumstances beyond your control or that your violation relates to a reduction in your course load that would have 

been within a Designated School Official’s (DSO’s) power to authorize, and that failure to approve reinstatement 

would result in extreme hardship to you.

If you have been out of status for more than five months at the time of filing your request for reinstatement, you must 

also provide evidence that your failure to file within the five month period was the result of exceptional circumstances 

and that you filed your request for reinstatement as promptly as possible under these exceptional circumstances.

F-1 Extensions

Only use this application to request an extension if you were admitted for a limited duration as a student entering to 

study at a public secondary school. All other students seeking information concerning extensions should contact their 

DSO.

7. G, Designated Principal Resident Representative of a Foreign Government and His or Her Immediate Family 

Members

You must submit a copy, front and back, of Form I-94 for each person included in the application, and Form I-566, 

certified by Department of State (DOS) to indicate your accredited status.

8. G-5, Attendant or Servant of a G Nonimmigrant and the G-5’s Immediate Family Members

The application must also be filed with:

A. A copy of your employer’s Form I-94 or approval notice demonstrating G status;

B. An original letter from your employer describing your duties stating that he or she intends to personally employ 

you and arrangements you have made to depart from the United States; and

C. An original Form I-566, certified by the DOS, indicating your employer’s continuing accredited status.

9. Dependents (H-4) of an H, Temporary Worker

If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, you 

must submit the following with this application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. Evidence of each applicant’s relationship to the H temporary worker, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages; and

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the H temporary worker;

(2) A copy of the Form I-797 Receipt Notice related to the H temporary worker’s already pending Form I-129 

petition;

(3) A copy of the front and back of the H temporary worker’s most recent Form I-94; or

(4) A copy of the Form I-797 Approval Notice showing the H temporary worker has already been granted status 

for the period requested on your application.

NOTE: Dependents of H temporary workers must apply for extension/change of status to H-4 on this application. 

An employer must file Form I-129 on behalf of the H temporary worker.
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10. I, Representatives of Foreign Media and Dependents

Nonimmigrants granted I classification may be admitted for the duration of employment. You do not need to file for 

an extension of stay as long as you work for the same employer in the same information medium.

However, you must file this application to request a change of employer or a change in the information medium in 

which you work. To do this, select Part 2., Item Number 1. of Form I-539 and annotate “change of employer” or 

“change of information medium” next to that selection.

If you are requesting a change of status to I nonimmigrant status, select Item Number 3.c. in Part 2. of Form I-539 

and indicate “I-Foreign Press” in the space provided.

To change your status to I, or to extend your stay in I nonimmigrant status due to a change of employer or information 

medium, you must submit the following with your application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. A letter from the employing foreign media organization that verifies the employment, establishes that you are a 

representative of that media organization, and describes the remuneration and work to be performed; and

C. If applicable, evidence of each dependent’s relationship to the principal, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages. (NOTE: Dependents of I nonimmigrants receive the 

same classification as the principal.)

11. J-1, Exchange Visitor

If you are requesting a change of status to J-1 nonimmigrant classification, your application must be filed with a 

DS-2019, Certificate of Eligibility for Exchange Visitor Status. You must also submit your Form I-94, as well as the 

Form I-94 for each person included in the application.

NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the 

approved program listed on Form DS-2019. You must maintain your current, or other, nonimmigrant status up to 30 

days before the report date or start date of the approved program listed on Form DS-2019 or your requested change of 

status may not be granted.

J-1 Extensions

If you are a J-1 exchange visitor seeking an extension of nonimmigrant status, contact the responsible officer of your 

program for information about this procedure.

J-1 Reinstatement

If you are a J-1 exchange visitor seeking reinstatement, contact the responsible officer at your sponsoring program for 

information about the reinstatement procedure.

Notice to J Nonimmigrants

A J-1 exchange visitor whose status is to receive graduate medical education or training, and who has not received 

the appropriate waiver, is ineligible for change of status except to a nonimmigrant T or U visa. In addition, a J-1 

exchange visitor who is subject to the foreign residence requirement, and who has not received a waiver of that 

requirement, is only eligible for a change of status to a nonimmigrant A, G, T, or U visa.

If a J-1 exchange visitor is subject to the foreign residence requirement, the J-2 dependent is also subject as a 

derivative to this requirement. If the J-1 exchange visitor obtains a waiver of the foreign residence requirement, the 

J-2 dependent is also exempt from the requirement. Under certain limited circumstances, a J-2 dependent may be 

independently eligible for a waiver of the foreign residence requirement.

A former J nonimmigrant (either a J-1 principal or a J-2 dependent) subject to the foreign residence requirement, 

who is currently maintaining another nonimmigrant visa status, continues to be subject to the foreign residence 

requirement. As noted above, the former J nonimmigrant is ineligible for a change of status until he or she fulfills the 

foreign residence requirement or obtains the appropriate waiver.
Form I-539 Instructions 04/01/24 Page 6 of 16

If you are a current or former J nonimmigrant, you must provide information about this status, including the dates 

you maintained status as a J-1 exchange visitor or a J-2 dependent. Willful failure to disclose this information (or 

other relevant information) can result in your application being denied. Provide proof of this status along with your 

application, such as a copy of Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, or a copy of your 

passport that includes the J visa stamp.

12. Dependents (L-2) of an L, Intracompany Transferee

If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany 

transferee, you must submit the following with this application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. A copy of the front and back of Form I-94 for each person included on this application;

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the L intracompany transferee;

(2) A copy of the I-797 Receipt Notice related to the L intracompany transferee’s already pending Form I-129 

petition;

(3) A copy of the front and back of the L intracompany transferee’s most recent Form I-94; or

(4) A copy of the I-797 Approval Notice showing the L intracompany transferee has already been granted status 

for the period requested on your application.

NOTE: Dependents of L intracompany transferees must apply for extension/change of status to L-2 on this form. An 

employer must file Form I-129 on behalf of the L intracompany transferee.

Dependent spouses of L intracompany transferees may not work upon approval of this application. To request work 

authorization, the dependent spouse must file Form I-765, Application for Employment Authorization. Dependent 

children of L intracompany transferees are not authorized for employment.

13. M-1, Vocational or Non-Academic Student

To request a change to or extension of M-1 status, or apply for reinstatement to M-1 status, you must submit your 

Form I-94, as well as Form I-94 for each person included in the application.

Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student, 

issued by the school where you will study and you must submit documentation that demonstrates your ability to pay 

for your studies and support yourself, and any accompanying dependent family members, while you are in the United 

States.

NOTE: A change of status may be granted for a period up to 30 days before the report date or start date of the course 

of study listed on Form I-20. You must maintain your current, or other, nonimmigrant status up to 30 days before 

the report date or start date of the course of study listed on Form I-20 or your requested change of status may not be 

granted.

M-1 Reinstatement

In addition to the above documents you must also submit evidence that your violation of status resulted from 

circumstances beyond your control or that your violation relates to a reduction in your course load that would have 

been within a DSO’s power to authorize, and that failure to approve reinstatement would result in extreme hardship to 

you.

If you have been out of status for more than five months at the time of filing your request for reinstatement you, must 

also provide evidence that your failure to file within the five month period was the result of exceptional circumstances 

and that you filed your request for reinstatement as promptly as possible under these exceptional circumstances.
Form I-539 Instructions 04/01/24 Page 7 of 16

M-1 Extension

In addition to submitting the above evidence, you will need to submit evidence supporting your reason for requesting 

an extension. You may request an extension of stay for the following reasons:

A. If compelling educational or medical reasons have resulted in a delay to your course of study. Delays caused by 

academic probation or suspension are not acceptable reasons for program extension.

B. You are transferring to a different school.

NOTE: If you are transferring schools six months, or more, from the date you were first admitted, you will need 

to submit evidence showing you are unable to remain at the school you were initially admitted to attend due to 

circumstances beyond your control.

C. You are applying for post-completion optional practical training.

NOTE: M-1 students may not change their educational objective and should not request an extension for this reason.

No extension can be granted to an M-1 student if the M-1 student is unable to complete the course of study, to 

include any requested post-completion OPT, within three years of the original program start date.

14. Dependents (O-3) of an O, Alien of Extraordinary Ability or Achievement

If you are filing for an extension/change of status as the dependent of an employee who is an O nonimmigrant worker, 

you must submit the following with this application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. Evidence of each applicant’s relationship to the O nonimmigrant worker, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages; and

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the O nonimmigrant worker;

(2) A copy of the Form I-797 Receipt Notice related to the O nonimmigrant worker’s already pending Form I-129 

petition;

(3) A copy of the front and back of the O nonimmigrant worker’s most recent Form I-94; or

(4) A copy of the Form I-797 Approval Notice showing the O nonimmigrant worker has already been granted 

status for the period requested on your application.

NOTE: Dependents of O nonimmigrant workers must apply for extension/change of status to O-3 on this form. An 

employer must file Form I-129 on behalf of the O nonimmigrant worker.

15. Dependents (P-4) of a P, Artist, Athlete, or Entertainer 

If you are filing for an extension/change of status as the dependent of an employee who is a P nonimmigrant worker, 

you must submit the following with this application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. Evidence of each applicant’s relationship to the P nonimmigrant worker, such as birth certificate or marriage 

certificate and proof of termination of any prior marriages; and

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the P nonimmigrant worker;

(2) A copy of the Form I-797 Receipt Notice related to the P nonimmigrant worker’s already pending I-129 petition;

(3) A copy of the front and back of the P nonimmigrant worker’s most recent Form I-94; or

(4) A copy of the Form I-797 Approval Notice showing the P nonimmigrant worker has already been granted 

status for the period requested on your application.
Form I-539 Instructions 04/01/24 Page 8 of 16

NOTE: Dependents of P nonimmigrant workers must apply for extension/change of status to P-4 on this form. 

An employer must file Form I-129 on behalf of the P nonimmigrant worker.

16. Dependents (R-2) of an R, Religious Worker

If you are filing for an extension/change of status as the dependent of an employee who is an R religious worker, you 

must submit the following with this application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. Evidence of each applicant’s relationship to the R religious worker, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages; and

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the R religious worker;

(2) A copy of the Form I-797 Receipt Notice related to the R religious worker’s already pending Form I-129 petition;

(3) A copy of the front and back of the R religious worker’s most recent Form I-94; or

(4) A copy of the Form I-797 Approval Notice showing the R religious worker has already been granted status for 

the period requested on your application.

NOTE: Dependents of R religious workers must apply for extension/change of status to R-2 nonimmigrant status on 

this form. An employer must file Form I-129 on behalf of the R religious worker.

17. Dependents (TD) of a TN, Canadian or Mexican Professional

If you are filing for an extension/change of status as the dependent of an employee who is a TN professional worker, 

you must submit the following with this application:

A. A copy of the front and back of Form I-94 for each person included on this application;

B. Evidence of each applicant’s relationship to the TN professional worker, such as a birth certificate or marriage 

certificate and proof of termination of any prior marriages; and

C. At least one of the following:

(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the TN professional worker;

(2) A copy of the Form I-797 Receipt Notice related to the TN professional worker’s already pending Form I-129 

petition;

(3) A copy of the front and back of the TN professional worker’s most recent Form I-94; or

(4) A copy of the Form I-797 Approval Notice showing the TN professional worker has already been granted 

status for the period requested on your application.

NOTE: Dependents of TN professional workers must apply for extension/change of status to TD on this form. An 

employer must file Form I-129 on behalf of a TN professional worker who is currently in the United States. If the 

principal TN nonimmigrant is not currently in the United States, Mexican citizen professionals must contact a U.S. 

Embassy or U.S. Consulate in Mexico and Canadian citizen professionals must contact a designated port-of-entry to 

apply for TN classification.

18. T Nonimmigrants

If you are filing for an extension of status as a T nonimmigrant based on law enforcement need, this application must 

be submitted with:

A. A copy of your Form I-94 or approval notice showing that you have already been granted T status; and

B. Evidence demonstrating law enforcement need, such as a new Form I-914 Supplement B, Declaration of Law 

Enforcement Officer for Victims of Trafficking in Persons, or other evidence from law enforcement explaining 

that your presence is necessary, and any other credible evidence.
Form I-539 Instructions 04/01/24 Page 9 of 16

If you are filing for an extension of status as a T nonimmigrant based on exceptional circumstances, this application 

must be submitted with:

A. A copy of your Form I-94 or approval notice showing that you have already been granted T status; and

B. Evidence demonstrating exceptional circumstances, such as an affirmative statement or any other credible 

evidence.

NOTE: Extensions of T nonimmigrant status based on the filing of Form I-485, Application to Register Permanent 

Residence or Adjust Status, do not require the filing of Form I-539. T nonimmigrant status is automatically extended 

when the Form I-485 is filed.

19. T Derivative Nonimmigrants

A T derivative nonimmigrant may file for an extension of status independently if the T-1 principal remains in valid T 

nonimmigrant status, or the T-1 principal nonimmigrant may file for an extension of T-1 status and request that this 

extension be applied to the derivative family members.

If the T-1 principal nonimmigrant wants the extension of status request described above to be applied to derivative 

family members with T-2, T-3, T-4, T-5, or T-6 nonimmigrant status that are currently in the United States, indicate 

that request in writing and list each derivative separately on Form I-539A. Each Form I-539A must be submitted with 

a copy of the derivative’s Form I-94 or approval notice showing that the derivative was already granted T-2, T-3, T-4, 

T-5, or T-6 status.

If the T-2, T-3, T-4, T-5, or T-6 nonimmigrant is filing independently for an extension of status, this application must 

be submitted with:

A. Justification for your extension request (statement of need and reasons);

B. A copy of your Form I-94, approval notice or your passport with your T nonimmigrant visa showing that you have 

already been granted T nonimmigrant status; and

C. Evidence of relationship to the T-1 nonimmigrant principal, such as a birth certificate or marriage certificate and 

proof of termination of any prior marriages.

NOTE: Extensions cannot be granted to derivative family members who are still outside the United States and have 

never entered the United States in T nonimmigrant status. A statement should be included with the application if 

there are family members outside the United States who have not consular processed. Therefore, if the T-1 principal’s 

status is extended, an amended approval notice will be issued for derivative family members outside the United States 

to facilitate the consular processing.

20. U Nonimmigrants

If you are filing for an extension of status as a U nonimmigrant based on law enforcement need, this application must 

be submitted with:

A. A copy of your Form I-94 or approval notice showing that you have already been granted U status; and

B. Evidence demonstrating law enforcement need, such as a new Form I-918 Supplement B, U Nonimmigrant Status 

Certification, or other evidence from law enforcement explaining that your presence is necessary, and any other 

credible evidence.

If you are filing for an extension of status as a U nonimmigrant based on exceptional circumstances, this application 

must be submitted with:

A. A copy of your Form I-94 or approval notice showing that you have already been granted U status; and

B. Evidence demonstrating exceptional circumstances, such as an affirmative statement or any other credible 

evidence.

NOTE: Extensions of U nonimmigrant status based on the filing of Form I-485, Application to Register Permanent 

Residence or Adjust Status, do not require the filing of Form I-539. U nonimmigrant status is automatically extended 

when the Form I-485 is filed.
Form I-539 Instructions 04/01/24 Page 10 of 16

21. U Derivative Nonimmigrants

A U derivative nonimmigrant may file for an extension of status independently, or the U-1 principal nonimmigrant 

may file for an extension of U-1 status and request that this extension be applied to the derivative family members.

If the U-1 nonimmigrant principal wants the extension of status request based on law enforcement need or exceptional 

circumstances described above to be applied to derivative family members with U-2, U-3, U-4, or U-5 nonimmigrant 

status that are currently in the United States, indicate that request in writing and list each derivative separately on 

Form I-539A. Each Form I-539A must be submitted with a copy of the derivative’s Form I-94 or approval notice 

showing that the derivative was already granted U-2, U-3, U-4, or U-5 status.

If the U-2, U-3, U-4, or U-5 nonimmigrant is filing independently for an extension of status, for example, based on 

consular delays or to ensure three years of physical presence, this application must be submitted with:

A. Justification for your extension request (statement of need and reasons);

B. A copy of your Form I-94, approval notice or your passport with your U nonimmigrant visa showing that you 

have already been granted U nonimmigrant status; and

C. Evidence of relationship to the U-1 nonimmigrant principal, such as a birth certificate or marriage certificate and 

proof of termination of any prior marriages.

NOTE: Extensions cannot be granted to derivative family members who are still outside the United States 

and have never entered the United States in U nonimmigrant status. A statement should be included with the 

application if there are family members outside the United States who have not consular processed. Therefore, if 

the U-1 principal’s status is extended, an amended approval notice will be issued for derivative family members 

outside the United States to facilitate the consular processing.

NOTE: If you never entered the United States in U-2, U-3, U-4, or U-5 derivative status and the principal U-1 

nonimmigrant has an approved Form I-485, Applicant to Register Permanent Residence or Adjust Status, you are 

not eligible for an extension of status. The U-1 principal nonimmigrant may consider filing Form I-929, Petition 

for Qualifying Family Member of a U-1 Nonimmigrant.

22. V, Spouse or Child of a Lawful Permanent Resident

Use Form I-539 if you are physically present in the United States and wish to request initial status or change status to 

a V nonimmigrant, or to request an extension of your current V nonimmigrant status.

Applicants must follow these form Instructions and the form Instructions for Form I-539A that pertains to V 

Nonimmigrants. The supplement contains additional information and the location where V applicants must file their 

applications.

Notice to V Nonimmigrants

The Legal Immigration Family Equity Act (LIFE), signed into law on December 21, 2000, created a new V visa. This 

nonimmigrant status allows certain persons to reside legally in the United States and to travel to and from the United 

States while they wait to obtain lawful permanent residence.

In order to be eligible for a V visa, all of the following conditions must be met:

A. You must be the spouse or the unmarried child of a lawful permanent resident;

B. Form I-130, Petition for Alien Relative, must have been filed for you by your permanent resident spouse on or 

before December 21, 2000; and

C. You must have been waiting for at least three years after Form I-130 was filed for you; or
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D. You must be the unmarried child (under 21 years of age) of a person who meets the three requirements listed 

above. If you are 21 years of age or older, to qualify for an extension of V status, you must:

(1) Have previously been granted V status;

(2) Be the unmarried son or daughter of a person who meets the requirements listed above; and

(3) Be the beneficiary of a Form I-130 filed on your behalf.

V visa holders will be eligible to adjust to lawful permanent resident status once an immigrant visa becomes available 

to them. While they are waiting, V visa holders may be authorized to work following their submission and USCIS 

approval of their Form I-765, Application for Employment Authorization.

WARNING: V nonimmigrants who have been in the United States illegally for more than 180 days may trigger the 

grounds of inadmissibility regarding unlawful presence (for the applicable 3-year or 10-year bar to admission) if they 

leave the United States. Their departure may prevent them from adjusting status as a permanent resident.

Who May Not File Form I-539?

You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program or if your 

current status is:

1. An alien in transit (C) or in transit without a visa (TWOV);

2. A crewman (D); or

3. A fiancé(e) or dependent of a fiancé(e) (K-1 or K-2).

A spouse (K-3) of a U.S. citizen and his or her children (K-4), accorded such status pursuant to the LIFE Act, may not 

change to another nonimmigrant status.

EXCEPTION: A K-3 and K-4 are eligible to apply for an extension of status. They should file for an extension during 

the processing of Form I-130 filed on their behalf and up to completion of their adjustment-of-status application.

NOTE: Any nonimmigrant (A to V) may not change his or her status to K-3 or K-4.

General Instructions

We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest 

version of Adobe Reader, which you can download for free at http://get.adobe.com/reader. If you do not have internet 

access, you may call the USCIS Contact Center and ask that we mail a form to you. 

Signature. You (or your signing authority) must properly complete your application. Additionally, each Form I-539A 

must include the signature of the individual applicant. USCIS will not accept a stamped or typewritten name in place of 

any signature on this application. If you are under 14 years of age, your parent or legal guardian may sign the application 

on your behalf. A legal guardian may also sign for a mentally incompetent person. If your application is not signed, or if 

the signature is not valid, we will reject your application. See 8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for 

adjudication and determines that it has a deficient signature, USCIS may deny the request. 

Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original, handwritten signature 

valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink 

signature.

Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to 

this form.
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Evidence. At the time of filing, you must submit all evidence and supporting documents listed in the What Evidence 

Must You Submit section of these Instructions.

Biometric Services Appointment. USCIS may require you to appear for an interview or provide biometrics (fingerprints, 

photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background 

and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation 

(FBI), before making a decision on your application or petition. If we determine that a biometric services appointment 

is necessary, we will send you an appointment notice with the date, time, and location of your appointment. If you are 

currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the 

United States to schedule an appointment. 

At your biometrics appointment, you must sign an oath reaffirming that: 

1. You provided or authorized all information in the application;

2. You reviewed and understood all of the information contained in, and submitted with, your application; and

3. All of this information was complete, true, and correct at the time of filing.

4. If you do not attend your biometric services appointment, we may deny your application.

Copies. You should submit legible photocopies of requested documents unless the Instructions specifically instruct you to 

submit an original document. USCIS may request an original document at any time during our process. If we request an 

original document from you, we will return it to you after USCIS determines it no longer needs the original. 

NOTE: If you submit original documents when they are not required or requested, USCIS may destroy them after we 

receive them.

Translations. If you submit a document with information in a foreign language, you must also submit a full English 

translation. The translator must sign a certification that the English language translation is complete and accurate, and that 

they are competent to translate from the foreign language into English. The certification must also include their signature, 

printed name, the signature date, and their contact information.

USCIS Contact Center. For additional information on the application and Instructions about where to file, change of 

address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call 800-375-5283 (TTY 

800-767-1833). The USCIS Contact Center provides information in English and Spanish.

Disability Accommodations/Modifications. To request a disability accommodation/modification, follow the instructions 

on your appointment notice or at www.uscis.gov/accommodationsinfo.

How to Complete Form I-539

1. Type or print legibly in black ink.

2. If you need extra space to complete any item within this application, use the space provided in Part 8. Additional 

Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) 

(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer 

refers; and sign and date each sheet.

3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been 

married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise 

directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many 

children do you have” or “How many times have you departed the United States”), type or print “None” unless 

otherwise directed.
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4. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN) if you previously 

filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in 

your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we 

sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the 

same as an A-Number.

5. Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form 

I-94, Arrival/Departure Record, provide your Form I-94 number and date that your authorized period of stay expires 

or expired (as shown on your Form I-94). The Form I-94 number also is known as the Departure Number on some 

versions of Form I-94.

NOTE: If CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued 

you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to 

obtain a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may 

also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United 

States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper 

Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form 

I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. See the USCIS 

website at www.uscis.gov/i-102 for more information. USCIS does charge a fee for Form I-102. See Form G-1055, 

available at www.uscis.gov/forms, for specific information about the fees applicable to this form.

Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, 

enter the passport or travel document information in Part 1., Item Numbers 11. - 15.b. on the application, even if the 

passport or travel document is currently expired. If you have been issued a new passport while in the United States, 

provide your current passport information in Part 4., Item Numbers 1.a. - 1.c.

6. Duration of Status. If you are currently in A, G, I, F, or J status and granted Duration of Status (D/S), select the box 

in Part 1., Item Number 16. of the application.

7. Change of Status. Part 2., Item Number 3.b. of the application, select the date you want your change of status to 

occur on. If approved, your change of status will occur on the date your current nonimmigrant status ends, the date of 

approval, or the requested date, whichever occurs later.

8. F or J Nonimmigrant. If you were granted D/S as an F or J nonimmigrant and are seeking reinstatement as an F or J 

nonimmigrant then you should select the box in Part 1., Item Number 16. of the application to indicate a duration of 

D/S.

NOTE: An F-1 nonimmigrant student who is admitted to attend a public high school is restricted to an aggregate 

of 12 months of study at any public high schools and is not eligible for D/S. Please indicate a specific date for the 

duration of your requested status.

9. Part 5. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature. Select the 

appropriate box to indicate whether you read this application yourself or whether you had an interpreter assist you. 

If someone assisted you in completing the application, select the box indicating that you used a preparer. Further, 

you must sign and date your application and provide your daytime telephone number, mobile telephone number (if 

any), and email address (if any). Every application MUST contain the signature of the applicant (or parent or legal 

guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.

10. Part 6. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to 

read the Instructions and questions on this application to you in a language in which you are fluent, the interpreter 

must fill out this section; provide his or her name, the name and address of his or her business or organization (if any), 

his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if 

any). The interpreter must sign and date the application.
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11. Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other 

Than the Applicant. This section must contain the signature of the person who completed your application, if 

other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should 

complete both Part 6. and Part 7. If the person who completed this application is associated with a business or 

organization, that person should complete the business or organization name and address information. Anyone who 

helped you complete this application MUST sign and date the application. A stamped or typewritten name in place 

of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited 

representative, he or she may also need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney 

or Accredited Representative, along with your application.

We recommend that you print or save a copy of your completed application for your records.

What Evidence Must You Submit?

You must submit all evidence requested in these Instructions with your application. If you fail to submit required 

evidence, USCIS may reject or deny your application for failure to submit requested evidence or supporting documents in 

accordance with 8 CFR 103.2(b)(1) and these Instructions.

Valid Passport. If you were required to have a passport to be admitted into the United States, you must maintain the 

validity of your passport during your nonimmigrant stay. If a required passport is not valid when you file Form I-539, 

submit an explanation with your application.

Where To File?

Please see our website at www.uscis.gov/I-539 for the most current information about where to file this application.

Premium Processing

To determine if your requested classification or category is available for Premium Processing, please visit the USCIS 

website at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If you are requesting Premium Processing 

Services, you must also file Form I-907, Request for Premium Processing Service, with the filing fee.

Special Information for Applicants Residing in the Commonwealth of the Northern Mariana Islands (CNMI)

If the applicant is lawfully present in the CNMI, the applicant may be eligible to apply for a grant of status with this 

application without having to seek consular processing. The request for the initial grant of status must be accompanied 

by evidence of the applicant’s lawful presence. The applicant will be required to submit biometric information before the 

application for a grant of status is approved. Although this is a request for an initial grant of status rather than a change of 

nonimmigrant status, in Part 2., the applicant should select Item Number 3.a., and identify the nonimmigrant status he or 

she is initially requesting in Item Number 3.c.

Address Change

If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous 

residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the 

USCIS Contact Center.

NOTE: Do not submit a change of address request to the USCIS Lockbox.
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Processing Information

Initial Processing. Once USCIS accepts your application, we will check it for completeness. If you do not properly 

complete this application, you will not establish a basis for your eligibility and we may reject or deny your application.

Requests for More Information. USCIS may request that you provide more information or evidence to support your 

application. We may also request that you provide the originals of any copies you submit. If we request an original 

document from you, we will return it to you after USCIS determines it is no longer needed.

Requests for Interview. We may request that you appear at a USCIS office for an interview based on your application. 

During your interview, USCIS may require you to provide your biometrics to verify your identity and/or update 

background and security checks. 

Decision. The decision on Form I-539 involves a determination of whether you have established eligibility for the 

immigration benefit you are seeking. USCIS will notify you of our decision in writing.

USCIS Forms and Information

To ensure you are using the latest version of this application, visit www.uscis.gov.

Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-539, we will 

deny your application and may deny any other immigration benefit. In addition, you will face severe penalties provided 

by law and may be subject to criminal prosecution.

USCIS Compliance Review and Monitoring

By signing this application, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and 

documentation submitted with this application are complete, true, and correct. You also authorize the release of any 

information from your records that USCIS may need to determine your eligibility for the immigration benefit you are 

seeking and consent to USCIS verifying such information. 

DHS has the authority to verify any information you submit to establish eligibility for the immigration benefit you are 

seeking at any time. Our legal authority to verify this information is in 8 U.S.C. sections 1103, 1155, and 1184, and 8 

CFR parts 103, 204, 205, and 214. To ensure compliance with applicable laws and authorities, we may verify information 

before or after your case is decided.

Agency verification methods may include, but are not limited to: reviewing public records and information; contacting 

through written correspondence; using the internet, fax, other electronic transmission, or telephone; making unannounced 

physical site inspections of residences and locations of employment; and interviewing people. USCIS will use the 

information we obtain to assess your compliance with the laws and to determine your eligibility for an immigration 

benefit.

Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse 

or derogatory information that may result from a compliance review, verification, or site visit before a decision is made 

on your request. For a visit after your request is approved, USCIS will provide you with an opportunity to address any 

adverse or derogatory information which may result in revocation or termination of an approval.
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DHS Privacy Notice

AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the 

Immigration and Nationality Act sections 1103 and 1184, and Title 8 of the Code of Federal Regulations (CFR) parts 103, 

214, and 248.

PURPOSE: The primary purpose for providing the requested information on this application is to apply for an extension 

of stay or a change from one nonimmigrant category to another nonimmigrant category. DHS will use the information 

you provide to grant or deny the immigration benefit you are seeking.

DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, 

including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in 

denial of your application.

ROUTINE USES: DHS may share the information you provide on this application and any additional requested 

evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows 

approved routine uses described in the associated published system of records notices [DHS/USCIS-001 - Alien File, 

Index, and National File Tracking System and DHS/USCIS-007 - Benefits Information System] and the published 

privacy impact assessment [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and 

Associated Systems], which can be found at www.dhs.gov/privacy. DHS may also share this information, as appropriate, 

for law enforcement purposes or in the interest of national security.

Paperwork Reduction Act

USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of 

information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public 

reporting burden for this collection of information is estimated at 1.667 hours per response, including the time for 

reviewing instructions, gathering the required documentation and information, completing the application, preparing 

statements, attaching necessary documentation, and submitting the application. Send comments regarding this burden 

estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. 

Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital 

Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0003. Do not mail your completed 

Form I-539 to this address.