Fill out Form I-539, Application to Extend/Change Nonimmigrant Status with Instafill.ai
Form I-539, Application to Extend/Change Nonimmigrant Status, is used by nonimmigrants to request an extension or change of their current status in the United States. Filling out this form is crucial for individuals wishing to remain in the U.S. legally.
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- 1 Visit instafill.ai site and select Form I-539.
- 2 Enter your full legal name and contact information.
- 3 Provide your current immigration status and details.
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- 6 Check for accuracy and submit the form.
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Frequently Asked Questions About Form Form I-539
Form I-539 is used by individuals currently in the United States in a nonimmigrant status to request an extension of their current status or to change their status to another nonimmigrant category. This form can also be used by individuals seeking reinstatement to student status after a lapse in enrollment.
Form I-539 should be filed by individuals who are currently in the United States in a nonimmigrant status and wish to extend their stay, change their status, or seek reinstatement to student status. This includes individuals in F-1, J-1, M-1, or B-2 status, among others.
Part 1 of Form I-539 requires basic biographic information, including name, date of birth, country of citizenship, and current mailing address. It is important to provide accurate and complete information to ensure the application is processed correctly.
Extension of stay refers to the process of requesting additional time to remain in the United States in the same nonimmigrant status. Reinstatement to student status, on the other hand, is the process of regaining student status after a lapse in enrollment. If you have failed to maintain your student status, you may be required to demonstrate that the lapse was due to circumstances beyond your control and that you have taken steps to regain your status.
Change of status refers to the process of applying for a new nonimmigrant category while in the United States. For example, an individual in B-2 visitor status may apply for a change of status to F-1 student status. Change of employer/information refers to the process of reporting a change in employment or other relevant information to USCIS while in the same nonimmigrant status. This may include reporting a new address, a new employer, or a change in educational level.
The 'Duration of Status (D/S)' refers to the period of time that an individual is authorized to remain in the United States under their current nonimmigrant status. This period is indicated on the Form I-94, Arrival/Departure Record, or on the I-20 or DS-2019 form for students and exchange visitors. The D/S indicates the start and end dates of the individual's authorized stay.
The term 'beneficiary' in the context of Form I-539 refers to the individual who is the primary applicant for the change or extension of nonimmigrant status. This person is the one whose current status is being extended or changed, and who will continue to maintain that status after the application is processed.
A 'co-applicant' is an individual who is applying for a change or extension of nonimmigrant status along with the primary applicant (beneficiary). Co-applicants may be dependents or other individuals who are included in the same application. Each co-applicant must complete and sign their own Form I-539 and submit it with the application package.
When an application for a change or extension of nonimmigrant status is 'pending with USCIS,' it means that the application has been received by the U.S. Citizenship and Immigration Services (USCIS) and is currently being processed. Applicants can check the status of their application online using the USCIS Case Status Online tool.
A 'separate petition or application' refers to an application or petition that is filed independently of Form I-539. For example, if an individual is seeking a change of status from B-2 to F-1 student status, they would file Form I-539 to apply for the change of status, and they may also need to file a separate Form I-20 with their school to request program admission. Similarly, if a dependent is seeking a change of status or extension of their own nonimmigrant status, they would need to file a separate Form I-539 application.
The USCIS Receipt Number is a unique identifier assigned by the U.S. Citizenship and Immigration Services (USCIS) when a petition or application is filed. It allows USCIS to track the application in their system and provides a way for applicants to check the status of their case. When filing Form I-539, the USCIS Receipt Number of the initial petition or application is required in Part 1, Item 1.
Part 3 of Form I-539, Processing Information, requires applicants to provide information about how they would like to receive updates on their application status. Applicants can choose to receive updates via mail or email. If choosing email, they must provide a valid email address. It is important to keep this information up-to-date to ensure timely communication from USCIS.
Form I-485, Application to Register Permanent Residence or Adjust Status, is a separate form used by individuals seeking to become lawful permanent residents of the United States. Form I-539, Application to Extend/Change Nonimmigrant Status, is used by individuals who wish to extend the validity of their current nonimmigrant status or change their status to another nonimmigrant category without leaving the United States. However, in some cases, filing Form I-539 may result in the need to file Form I-485 if the individual's intended status allows for adjustment of status.
An immigrant petition is a request made to the U.S. Department of Homeland Security (DHS) or the U.S. Department of Labor on behalf of a foreign national seeking an immigrant visa. The petitioner, who is usually a U.S. citizen or lawful permanent resident, must demonstrate that the foreign national meets the eligibility requirements for the desired immigrant category. Form I-539 is not an immigrant petition but rather a form used by individuals who are currently in the United States in a nonimmigrant status and wish to extend or change their status without having to leave the country.
Removal proceedings are legal actions initiated by the U.S. Department of Homeland Security (DHS) or the U.S. Attorney General's office to remove an individual from the United States due to alleged violations of immigration laws. Form I-539 does not apply to individuals who are in removal proceedings or have received a Notice to Appear (NTA) in immigration court. If you are in removal proceedings, you should consult with an immigration attorney for guidance on your specific situation.
In the context of Form I-539, Application to Extend/Change Nonimmigrant Status, a criminal offense refers to any violation of federal, state, or local laws for which the individual has been convicted or pleaded guilty. This includes both misdemeanors and felonies. It is essential to disclose all criminal offenses, even if they occurred before entering the United States or are not related to the individual's current immigration status.
On Form I-539, Application to Extend/Change Nonimmigrant Status, weapons refer to firearms, shotguns, rifles, pistols, and any other device designed as a weapon. The term also includes ammunition, explosives, and other dangerous or deadly items. Applicants must disclose if they have ever possessed, used, or been involved in any way with weapons, as this information may impact their eligibility for a change or extension of their nonimmigrant status.
Paramilitary training, as referred to on Form I-539, Application to Extend/Change Nonimmigrant Status, is training that teaches individuals to act as soldiers or military personnel, but does not include training provided by a recognized military organization or a national guard. This type of training may include weapons handling, military tactics, and physical conditioning. Applicants must disclose any paramilitary training they have received, as this information may impact their eligibility for a change or extension of their nonimmigrant status.
Military-type training, as mentioned on Form I-539, Application to Extend/Change Nonimmigrant Status, refers to any training that is similar to the training provided by a military organization. This may include, but is not limited to, martial arts, marksmanship, military tactics, and physical conditioning. Applicants must disclose any military-type training they have received, as this information may impact their eligibility for a change or extension of their nonimmigrant status.
Compliance Form I-539
Validation Checks by Instafill.ai
1
Completeness and Accuracy
Ensures that all fields in the Application to Extend/Change Nonimmigrant Status (Form I-539) and Supplemental Form I-539A are completed with accurate and truthful information. It checks for any blank fields that require a response and prompts for the necessary data. The system also cross-references provided information with known databases when possible to confirm its validity. It alerts the user to any discrepancies or fields that contain information which does not conform to expected formats or data types.
2
Legibility and Ink Color
Confirms that the form is filled out using black ink and that the responses are legible and typed or printed clearly. The system scans the document to ensure that all text is readable and that no smudges or marks obscure the information. It uses optical character recognition (OCR) technology to detect any characters that do not match the standard typographic print and alerts for a review or correction. Additionally, it verifies the color of the ink to ensure compliance with the black ink requirement.
3
Additional Information
Verifies that any additional information is provided in Part 8. Additional Information or on a separate sheet with the required references and that each sheet is signed and dated. The system checks for the presence of an additional information section and ensures that it is properly referenced to the corresponding part of the form. It also validates the signature and date on each additional sheet to ensure that they are current and correspond with the primary application form.
4
Supporting Documentation
Checks that all required supporting documentation for the specific nonimmigrant classification is included with the submission. The system identifies the nonimmigrant classification being applied for and cross-references a checklist of required documents for that category. It then verifies the presence of these documents within the submission package and flags any missing items for the user's attention.
5
Biometric Services Compliance
Confirms that the biometric services requirement, if applicable, is acknowledged and arrangements are made to comply. The system determines if the applicant's nonimmigrant status change requires biometric services based on the criteria set forth by the immigration authorities. It then checks for an acknowledgment of this requirement within the application and confirms that the applicant has made or will make the necessary arrangements to fulfill this obligation.
6
Correct Filing Fee Calculation
Verifies that the correct filing fee is calculated according to the USCIS Fee Schedule (Form G-1055) and is included with the application. The software ensures that the fee amount matches the current requirements for the specific application type. It alerts the user if the fee is incorrect or if there has been a recent change in the fee schedule. Additionally, it prompts the user to include the fee with the application to avoid processing delays.
7
Interpreter or Preparer Information Completion
Ensures that the sections for interpreter or preparer information are completed if their services were used. The software checks for the presence of the interpreter or preparer's signature, printed name, and contact information. It also verifies that the appropriate section is filled out accurately to reflect the involvement of these professionals in the application process. If these sections are left incomplete, the software notifies the user to address this requirement.
8
Applicant's Signature and Date Verification
Confirms that the applicant has signed and dated the form to certify the accuracy of the information provided. The software scans the signature area to ensure that it is not blank and that the date is present and in the correct format. It also checks the validity of the date to ensure it is not in the future or unreasonably far in the past. The software reminds the user that an unsigned or undated form may result in rejection.
9
Correct USCIS Office Submission
Checks that the completed form is submitted to the correct USCIS office as indicated on the USCIS website. The software cross-references the mailing address provided on the form with the appropriate USCIS office for the specific application type. It alerts the user if the form is addressed to the wrong office and provides the correct mailing information to ensure proper handling and processing of the application.
10
Copy of Completed Form and Documents
Verifies that a copy of the completed form and all supporting documents are kept for the applicant's records. The software prompts the user to create a digital or physical copy of the entire application package. It emphasizes the importance of retaining a copy for future reference, especially in case of any discrepancies or the need to provide proof of submission. The software also suggests organizing and storing the documents securely.
11
Address Change Notification Requirement
Ensures that the applicant is aware of the requirement to notify USCIS of any address changes as per the provided instructions. This validation check confirms that the applicant has acknowledged this requirement, which is crucial for maintaining accurate records and ensuring that all correspondence from USCIS reaches the applicant without delay.
12
Submission Time Frame Compliance
Confirms that the form is submitted within the appropriate time frame to avoid delays or expiration of status. This check is essential to prevent any lapse in the applicant's legal status, which could have significant consequences, including removal proceedings or bars to re-entry into the United States.
13
A-Number Consistency on Attachments
Checks for the presence of the applicant's A-Number (if any) on all additional sheets and attachments. This validation ensures that all documents submitted with the application are properly associated with the applicant's file, facilitating a smoother review process by USCIS officials.
14
Form and Attachment Organization
Verifies that the form and all attachments are organized and presented in a manner that is easy to review by USCIS officials. Proper organization is key to ensuring that the application is processed efficiently and without unnecessary delays, which can be caused by disorganized or improperly formatted submissions.
15
Complete and Accurate Application Consequences Awareness
Ensures that the applicant is informed about the potential consequences of failing to properly complete the form or provide the required evidence, including rejection or denial of the application. This check emphasizes the importance of thoroughness and accuracy in the application process to avoid adverse outcomes.
Common Mistakes in Completing Form I-539
Applicants may overlook the importance of signing and dating the Application to Extend/Change Nonimmigrant Status form. This oversight can lead to processing delays or even denial of the application. To avoid this mistake, carefully review the form instructions and ensure that all required signatures and dates are provided in the designated areas before submitting the application to USCIS.
Applicants may unintentionally leave out essential information or provide answers that are not clear or easy to understand. This can result in processing delays or denial of the application. To prevent this mistake, double-check all responses for accuracy and completeness, and provide detailed explanations when necessary. It is also recommended to review the form instructions carefully to ensure that all required information is provided.
Applicants may use an incorrect or outdated version of the Application to Extend/Change Nonimmigrant Status form. This can lead to processing delays or denial of the application. To avoid this mistake, always use the most recent version of the form, which can be obtained from the USCIS website. It is also recommended to check the form instructions for any updates or changes before submitting the application.
Applicants may submit the Application to Extend/Change Nonimmigrant Status form to an incorrect USCIS office. This can result in processing delays or denial of the application. To prevent this mistake, carefully review the form instructions to determine which USCIS office is responsible for processing the application based on the applicant's location and the type of nonimmigrant status being sought. It is also recommended to double-check the mailing address provided on the form before submitting the application.
Applicants may forget to include the required supporting documentation with the Application to Extend/Change Nonimmigrant Status form. This can result in processing delays or denial of the application. To avoid this mistake, carefully review the form instructions to determine which documents are required and ensure that they are included with the application before submitting it to USCIS. It is also recommended to make copies of all documents for personal records and to keep them in a safe place.
Applicants for an Application to Extend/Change Nonimmigrant Status who are required to have an A-Number, often overlook this requirement. The A-Number is a unique identifier issued by the US Citizenship and Immigration Services (USCIS) and is essential for processing the application. To avoid this mistake, applicants should ensure they have their A-Number readily available and include it in the application as instructed.
Part 8 of the Application to Extend/Change Nonimmigrant Status form requires applicants to provide additional information if necessary. Common mistakes include failing to answer all required questions or providing incorrect or incomplete information. This can lead to processing delays or even denial of the application. To prevent this mistake, applicants should carefully read and follow the instructions for Part 8, ensuring they provide accurate and complete responses.
The Application to Extend/Change Nonimmigrant Status form requires a filing fee, which must be paid at the time of submission. Applicants who neglect to include the fee may experience significant processing delays or even denial of their application. To avoid this mistake, applicants should carefully review the instructions on the form and ensure they have the required fee before submitting their application.
Applicants for an Application to Extend/Change Nonimmigrant Status must provide clear and legible responses to all questions on the form. Illegible or unclear responses can lead to processing delays or even denial of the application. To prevent this mistake, applicants should use black ink and print or write their responses clearly and neatly.
Applicants for an Application to Extend/Change Nonimmigrant Status are required to notify USCIS of any address changes within 10 days of moving. Failure to do so can result in delays or denial of the application. To avoid this mistake, applicants should update their address with USCIS as soon as possible.
When applying to extend or change nonimmigrant status, it is essential to ensure that the preparer or interpreter completes their section accurately and completely. This section provides important information about the individual who helped you fill out the form. Neglecting to fill in this section correctly can lead to processing delays or even denial of your application. To avoid this mistake, make sure that the preparer or interpreter signs and provides their contact information in the designated areas. Additionally, double-check that they have provided their title and the date they assisted you.
Another common mistake when filling out the Application to Extend/Change Nonimmigrant Status form is using an incorrect ink color for signatures or typed responses. The form requires that you sign in black ink and type your responses in black or blue ink. Using any other color may result in processing delays or even denial of your application. To avoid this mistake, ensure that you have a pen or pencil with black ink before starting to fill out the form. Additionally, double-check that all signatures and typed responses are in the correct ink color before submitting the application.
When submitting additional sheets with the Application to Extend/Change Nonimmigrant Status form, it is crucial to reference the correct page, part, and item numbers. Failing to do so can result in processing delays or even denial of your application. To avoid this mistake, carefully review the instructions on the form and ensure that you attach the additional sheets in the correct order and reference the correct page, part, and item numbers on each sheet. Additionally, make sure that all attached sheets are clearly labeled and easy to read.
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