I-539 Form for Extend/Change Nonimmigrant Status
What Is the Purpose of Form I-539?
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?
If you are applying for an extension of stay or change of status, you generally must submit your application before your current authorized stay expires. Generally, even if USCIS approves your request, you must file a Form I-539 to “bridge” any gap between the expiration of your current status and start of the validity of your future status. If you are applying for J-1 or M-1 nonimmigrant status, see the specific instructions below about bridging status gaps.
We suggest you file at least 45 days, but generally not more than 6 months, before your stay expires. Failure to file before the expiration date may be excused if you demonstrate when you file the application that:
- The delay was due to extraordinary circumstances beyond your control;
- The length of the delay was reasonable;
- You have not otherwise violated your status;
- You are still a bona fide nonimmigrant; and
- 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.