Welcome to this comprehensive guide on Form I-539, a crucial document for [nonimmigrants](/immigration-resources/nonimmigrant-visa-guide) in the U.S. seeking to [extend their stay](/immigration-resources/change-status-h1b-b1-b2-travel-visa) or [change their nonimmigrant status](https://www.uscis.gov/i-539^). Whether you're a [student](/immigration-resources/f-1-visa-guide), [visitor](/immigration-resources/

none), or [temporary worker](/immigration-resources/nonimmigrant-visa-guide), understanding this form is essential for your [legal stay](/immigration-resources/immigration-parole-guide) in the country.

In this article, we will delve into the purpose of Form I-539, its [processing time](https://egov.uscis.gov/processing-times/^), [cost](https://www.uscis.gov/i-539^), [eligibility criteria](https://www.uscis.gov/i-539^), [required supporting documents](/immigration-resources/marriage-based-green-card-document-guide), and we'll answer some [frequently asked questions](https://www.uscis.gov/i-539^). Our aim is to provide you with all the necessary information you need to navigate this process successfully. Let's get started.

Form I-539 is a crucial document used by nonimmigrants in the U.S. to request an extension of their stay or a change in their nonimmigrant status. This form is necessary when you wish to stay in the U.S. longer than initially authorized or if you want to change the terms of your original admission.

For instance, if you're a student on an F-1 visa and wish to change your status to a B-2 tourist visa, you would need to file Form I-539. Similarly, if you're in the U.S. on a B-2 tourist visa and want to extend your stay beyond the date authorized on your admission stamp or paper Form I-94, you would also need to file this form.

It's important to note that Form I-539 is not used for all types of status changes. For example, if you're seeking to change your status to a permanent resident (green card holder), you would not use Form I-539. 

Understanding the purpose of Form I-539 and when to use it is the first step in ensuring your legal stay in the U.S. In the following sections, we'll discuss the processing time, cost, eligibility criteria, and required supporting documents for Form I-539.

The processing time for Form I-539 can vary greatly depending on several factors. Generally, you can expect a processing time of anywhere between 2.5 months to 12 months. However, this is just an estimate and the actual processing time can be shorter or longer.

Factors that can affect the processing time include:

It's important to plan accordingly and file your Form I-539 well in advance of the date your current status expires. This will help ensure that you maintain a legal status while your application is being processed. In the next section, we'll discuss the cost associated with filing Form I-539.

Filing Form I-539 comes with certain costs that you need to be aware of. The total cost to file Form I-539 is $455, which is broken down as follows:

It's important to note that these fees are subject to change, so it's always a good idea to check the latest fees on the [[USCIS website](https://www.uscis.gov/^)](https://www.uscis.gov/) before you file your application.

Payment can be made by check or money order, payable to the U.S. Department of Homeland Security. Remember, don't use initials like "USDHS" or "DHS" on your payment.

In the next section, we'll discuss the eligibility criteria for filing Form I-539.

Eligibility Criteria for Filing Form I-539

Eligibility to file Form I-539 is based on several factors. Understanding these criteria is crucial to ensure a successful application. Here are the key factors that determine your eligibility:

Remember, it's always a good idea to consult with an [immigration attorney](/immigration-resources/immigration-parole-guide) or expert if you're unsure about your eligibility. In the next section, we'll discuss the supporting documents required for filing Form I-539.

Required Supporting Documents for Form I-539

When filing Form I-539, you will need to provide certain supporting documents. These documents help USCIS verify your identity, your current status, and your eligibility for the extension or change of status you're requesting. Here are the general documents you will need:

Please note that the required documents can vary depending on your individual circumstances and the type of extension or change of status you're requesting. Always check the instructions for Form I-539 on the [USCIS website](/immigration-resources/uscis-processing-times-guide) to ensure you're providing all necessary documents.

In the next section, we'll answer some frequently asked questions about Form I-539.

Yes, you can stay in the U.S. while your Form I-539 is pending, as long as you filed the form before your current visa status expired. This is called "[period of authorized stay](/immigration-resources/change-status-visa-waiver-program)."

Generally, no. It's recommended to apply for an extension at least 45 days before your current visa expires. If your visa has already expired, you may be accruing [unlawful presence](/immigration-resources/form-i601a-provisional-unlawful-presence-waiver), which can have serious consequences.

This depends on your current status and the status you're requesting. Some nonimmigrant statuses allow you to work, while others do not. Check the specific rules for your current and requested statuses.

Traveling outside the U.S. while your Form I-539 is pending can be risky. If you leave the U.S., USCIS may consider your Form I-539 abandoned. If you need to travel, consult with an immigration attorney first.

Frequently Asked Questions about Form I-539

Can I stay in the U.S. while my Form I-539 is pending?

Can I file Form I-539 if my current visa has expired?

Can I work while my Form I-539 is pending?

Can I travel outside the U.S. while my Form I-539 is pending?

We've covered a lot of ground in this article, from the purpose of Form I-539 to its processing time, cost, eligibility criteria, required supporting documents, and some frequently asked questions. Understanding Form I-539 is crucial for nonimmigrants in the U.S. who wish to extend their stay or change their nonimmigrant status.

Remember, maintaining a legal status in the U.S. is essential. It's always recommended to file Form I-539 well in advance of your current status expiration date to avoid any potential issues. If you're unsure about any part of the process, don't hesitate to seek help from an immigration attorney or expert.

Navigating the U.S. immigration system can be complex, but with the right information and resources, you can successfully extend your stay or change your status. We hope this guide has been helpful in your journey. Stay informed, stay legal, and best of luck with your Form I-539 application!

Are you a nonimmigrant in the U.S. wanting to extend your stay or change your status? Form I-539 is essential. Processing times vary from 2.5 to 12 months, and the filing cost is $455. You'll need a valid nonimmigrant visa status, lawful status, no criminal history, and meet employment status requirements. Supporting documents like Form I-94, proof of financial support, and your current passport and visa are required. File before your current status expires, and consult an immigration attorney if needed.

Form I-539: A Guide for Nonimmigrants Seeking to Extend Stay or Change Status

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