Form I-539 is used for applying to extend or change nonimmigrant status in the United States. The purpose of this form is to request an extension of stay or a change to another nonimmigrant category for applicants who are already present in the U.S. under a specific nonimmigrant visa.
Here are some points that explain the purpose of Form I-539 in detail:
1. Extension of Stay: If an individual is currently in the U.S. on a nonimmigrant visa and wishes to stay longer beyond the authorized period, they may file Form I-539 to request an extension of their stay. This applies to various nonimmigrant categories like students, tourists, temporary workers, and other visa holders.
2. Change of Nonimmigrant Status: Form I-539 is also used to request a change of nonimmigrant status. If someone is already in the U.S. under one nonimmigrant category but intends to switch to another, they can submit this form. For example, a B-1 visitor may want to change to an F-1 student visa to pursue an academic program.
3. Spouse or Dependent Seeking Derivative Status: Form I-539 can be used by eligible dependents such as spouses or children to request a change or extension of their nonimmigrant status. For instance, if the primary visa holder changes or extends their status, dependents may file this form to make corresponding changes to their own legal status.
4. Coordinated Application with Primary Applicant: In many cases, Form I-539 may need to be filed concurrently with other applications. For instance, international students requesting an extension of stay in the U.S. often need to file this form along with Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) provided by their school.
5. Additional Documentation and Fees: Along with the completed form, applicants need to submit supporting documents, pay the required filing fees, and any biometric fees if applicable. These additional requirements may include a copy of the applicant's passport, visa, I-94 Arrival/Departure Record, and other relevant documents.
It is essential to accurately complete and submit Form I-539 to the correct USCIS (U.S. Citizenship and Immigration Services) address, as any errors or omissions could lead to delays or the denial of the requested extension or change of status. Assistance from an immigration attorney or professional can help ensure that the application is properly prepared and increases the chances of success.