What are the most Important things to understand about USCIS Form, I-539, Application to Extend Nonimmigrant Status?

---

USCIS Form, I-539, Application to Extend Nonimmigrant Status is a form usually used by foreign nationals, who enter the United States as a visitor, but want to remain in the U.S. longer than the expiration date listed on their I-94 Arrival/Departure Record.

It is important to note that the ability to extend a visitor’s stay in the U.S. may not be possible for certain travelers. For example, foreign visitors who enter the U.S. using the visa waiver program (ESTA or the Electronic System for Travel Authorization) are ineligible and cannot extend their nonimmigrant status beyond the NINETY (90) day limit.

How Do I Obtain A Copy Of My I-94 Arrival/Departure Record?

If you are currently in the United States and would like to know your I-94 Arrival/Departure Record’s expiration date, you can visit the U.S. Customs and Border Patrol’s website to find your record.

Previously, this document was provided on a small white card and placed in a foreign national’s passport. Nowadays, the record can be retrieved online after a foreign national’s arrival at: https://i94.cbp.dhs.gov/I94/. If the record cannot be retrieved online, Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document can be filed with the U.S. Citizenship and Immigration Services (USCIS). The form can be found at: https://www.uscis.gov/i-102.

How Do I Locate The Uscis Form I-539, Application To Extend Nonimmigrant Status?

The form can be found on the U.S. Citizenship and Immigration Services’ (USCIS) website. You can find the form at: https://www.uscis.gov/i-539.  We strongly recommend that you review the forms carefully and follow all of the instructions.

What Happens If I File The I-539 Application Late?

Most likely, your application will be denied.  Generally, the application must be received by USCIS before your current period of authorized stay expires.

What Happens If I Filed Before My I-94 Expiration Date, But It Was Rejected Because There Was An Issue With My Documents?

Unfortunately, the U.S. government will consider you out-of-status and you will have issues, if you try to return to the U.S. using the same visitor visa.  We recommend applying for a new visitor visa and explaining your situation to the visa officer.

What Are The Most Common Reasons Why I-539 Applications Are Rejected Or Denied?

The most common reasons are:

• Not using the correct forms or outdated forms
• Not submitting the correct government filing fee
• Not completing the forms correctly; and
• Not providing sufficient support documentation to evidence qualification

How Long Does It Take For The I-539 Application To Be Approved?

It will take 9+ months.

Can I Remain In The United States While My I-539 Application Is Pending?

No, you must leave before the new requested extension date listed on your form.

Can I File Multiple I-539 Applications?

Yes. You can file multiple applications. You can also file a second application even if the first one is still pending with USCIS.

For more information on What are the most important things to understand about USCIS Form, I-539, Application to Extend Nonimmigrant Status a free consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.