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I-539, Application to Extend/Change Nonimmigrant Status

The Form I-539 serves as a basis for non-immigrant's to request extensions of stay or changes from one non-immigrant category to another non-immigrant category. The Form I-539 should be used only by F and M non-immigrant's seeking reinstatement of status. In the alternative it may be used by K-3/4 non-immigrant's to request extensions of stay and by persons seeking V non-immigrant status while in the United States or an extension of stay as a V non-immigrant.

There is a filing fee of $290.00 for the I-539 Application.

If you are filing an extension of stay as a B-2 non-immigrant visitor, you should prepare a Form M-752.

If you are a B1 or B2 visitor who wishes to enroll in school, you must file a Form I-539 to change your status.

Continue using the Form I-539 Form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

Note on Filing Fee: a separate $85 charge for biometrics may also be required when the applicant is present in the United States.

You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request issuance or renewal of your employment authorization. You may travel outside of the U.S. and be readmitted as a V, if you have a valid passport and obtain a V visa form the Department of State.

Checks must be made payable to Department of Homeland Security.

At times this process may seem complex and painstaking. That is why we suggest speaking with an experienced immigration law attorney before filing any immigration application.

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