Misplaced Pages

#375624

44-497: The corresponding form used for Adjustment of Status to that of a Lawful Permanent Resident is Form I-485. However, whereas Form I-485 is always needed when adjusting status within the United States to that of Lawful Permanent Resident from a non-immigrant status, Form I-539 is only needed for some kinds of transitions or extensions of stay. For the following current statuses, any extension of stay beyond that specified on

88-500: A refugee travel document and certificate of identity , whose nationality is Chinese. It does not apply, however, to holders of Hong Kong SAR passports , Macau SAR passports , B visas with a validity shorter than 10 years, or of other types of visas. The CBP and DHS are seeking to expand the EVUS to other nationalities in the future. EVUS was officially launched on October 31, 2016, for early enrollments. Upon launch, CBP announced that

132-481: A B-1 visa may be used to enter the U.S. to engage in any of the following activities. Under the category of temporary visitor for pleasure, a B-2 visa can be used to enter the U.S. to engage in any of the following activities. A person who enters the U.S. with a B-1 visa or a B-2 visa is prohibited from engaging in any of the following activities. Under section 214(b) of the Immigration and Nationality Act ,

176-530: A designated port of entry with a valid visa, are issued a Form I-94 (those who enter using the VWP are issued a Form I-94W, but they are not eligible to file Form I-539). This form contains an entry for the expiration date. There are two ways the expiration date may be entered: Section 3 of Form I-539 gives the applicant the opportunity to specify a new requested end date (in 1.a.) or either request or indicate that he or she has already been granted D/S. The end date for

220-464: A foreigner must prove to the satisfaction of the consular officer his or her intent to return to his home country after visiting the United States. The act specifically states: Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to

264-474: A new employer with the same type of status. When changing status to the dependent of a temporary nonimmigrant worker, Form I-539 must be filed. An example is a change from student status to H-4 status , the status for dependents of people on other H visas. A single Form I-539 can be filed for all the dependents (such as the spouse and children) of the Form I-129 beneficiary. Those who want to transition to

308-400: A person can be used for repeated filings of Form I-539 for extension of stay or change of status. Form I-539 is generally not filed in isolation; it must be supported by two kinds of proofs. For most cases, the filing fee is $ 370, with no additional fees. There are a few exceptions: People who are not United States citizens or lawful permanent residents, when they enter the United States at

352-435: A student or scholar or dependent status (such as F, J, or M) must first get the corresponding authorization from the institution (such as Form I-20 for F status and Form DS-2019 for J status) and then use that to file Form I-539. If transferring to student status using Form I-539, it is necessary to first pay the same SEVIS fee that applicants from outside the United States need to pay in order to apply for their visa. Until

396-580: Is available for download from the USCIS website. The filing address depends on the type of status change or extension that the applicant is requesting. The possible filing addresses include lockbox facilities, service centers, and (in the case of diplomatic statuses) appropriate international bodies. Form I-539 may be filed electronically using the Electronic Information System (ELIS) for some categories. A single ELIS account created by

440-550: Is free to apply for a visa again, particularly if circumstances have changed that might show to the consular officer that the applicant overcomes the presumption of being an intending immigrant. All applicants for a B-1 and/or B-2 visa must pay an application fee, US$ 185 as of 2024. If the application is approved, nationals of a few countries must also pay an issuance fee, based on reciprocity, varying by nationality, desired visa validity, number of entries and visa subtype (B-1, B-2 or combined B-1/B-2). As of 2024 , only nationals of

484-424: Is not necessary to accomplish this change of status. Thus, for instance, if trying to transition from F status to H-1B status, only Form I-129 need be filed, and not Form I-539. Similarly, Form I-129 needs to be filed when transitioning from one temporary nonimmigrant worker status to another. Since temporary nonimmigrant worker statuses are tied to specific jobs, a new Form I-129 needs to be filed even when changing to

SECTION 10

#1732797742376

528-464: The B-2 visa , issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a " B-1/B-2 visa " valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes. Under the category of temporary visitor for business,

572-646: The Form I-94 requires the filing of Form I-539: For the following categories, it is not possible to change status while in the United States, or extend stay beyond that specified in Form I-94 : The most numerically significant of these ineligible categories is entrants under the Visa Waiver Program . They cannot use Form I-539 except in exceptional circumstances. Thus, even people from VWP-eligible countries who believe they might need to extend their stay or change their status should get B visas . For

616-524: The US$ 8 cost recovery fee will be imposed by the Department of Homeland Security (DHS). Holders of EVUS can travel to the United States for unlimited times providing that their EVUS registration and visa remain valid. The requirement applies to any holder of a Chinese passport and B visa with a 10-year validity. It also applies to holders of non-citizen travel documents issued by other countries, such as

660-558: The Americas and Europe. For some countries, longer validity periods are available for higher issuance fees or for B-1 or B-2 only. Periods of stay for B-1 visas may be granted initially for a duration long enough to allow the visitor to conduct their business, up to a maximum of 6 months, and can be extended for another 6 months; stays with B-1 visas are usually granted for three months or less, while stays with B-2 visas are generally granted for six months. Extensions are possible, provided

704-555: The Caribbean islands and return in less than 30 days. Instead of the "visa", what gets revalidated is the change of status, and therefore in lieu of the visa the applicant must carry the Form I-797 Approval Notice in addition to all the other supporting documentation. In particular, it does not matter if the applicant has never acquired a visa for the new status, nor does it matter if the previous status for which

748-617: The Designated School Official at the institution, who acts as the intermediary between the student and the government bureaucracy. All reporting requirements imposed on students are to the DSO rather than directly to USCIS or DHS. In addition, those applying for Optional Practical Training need to first get a new Form I-20 indicating their institution's approval for the OPT, and then get an Employment Authorization Document from

792-623: The Electronic Visa Update System (EVUS) before travelling to the United States via air, land or sea. The EVUS is designed for visa holders to update any changes to their basic biographic and employment information at the time of their visa applications. Similar to the ESTA, each EVUS registration is valid for a period of 2 years or until the holder's passport expiration date, whichever comes first. As of 2023, this system can be used free of charge and no time frame exists for when

836-478: The Form I-539 is approved, the person is not officially in student status and cannot start classes. This also applies for people transitioning from F-2 status to F-1 status. The process generally takes 3–6 months, which can be considerably longer than traveling outside the United States and getting a new visa. For those who entered the United States using a B visa , having an annotation on the visa saying that

880-459: The Form I-94, the applicant is no longer in authorized status. However, removal proceedings are unlikely to be initiated against the applicant and, if they are, then the pending Form I-539 can be used as a mitigating factor against the removal. Moreover, despite not being in a lawful status, the applicant does not accrue "unlawful presence" for purposes of inadmissibility to the United States. Once

924-688: The Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. On March 9, 2021, DHS moved to dismiss its appeal before the Seventh Circuit of the United States Court of Appeals , and the Seventh Circuit dismissed the appeal the same day. DHS immediately implemented

SECTION 20

#1732797742376

968-492: The U.S. Department of Homeland Security. On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for

1012-486: The USCIS by filing Form I-765. M students who entered for a fixed duration or course of study, as well as F students who did not get "D/S" as their expiration date (this includes all those who are studying at the K-12 level) do need to file Form I-539 to extend status or transfer to another institution. Any change of status to a status as a temporary nonimmigrant worker must be accomplished by filing Form I-129 . Form I-539

1056-483: The United States, except for those who fall under exceptions, had to submit form I-944, Declaration of Self-Sufficiency. The form called for information related, among other things, to the applicant's assets and liabilities, health insurance, bankruptcy filings, past Immigration Fee waiver requests, applicant's education and occupational skills and more. The form was based on the Public Charge Rule adopted by

1100-453: The United States. In order to apply for permanent residency, the applicant must not be "removable" from the United States. If he or she is the beneficiary of an approved immigrant petition ( family or employment-based ), the priority date must be current (if applicable). Once the application package (I-485, I-693, and the filing fees ) are received, the applicant will receive the receipt number. This receipt number can be used to track

1144-468: The applicant did have a visa did not allow for automatic visa revalidation. Adjustment of Status Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee , asylee , nonpermanent resident , conditional entrant , parolee , and others physically present in

1188-464: The applicant is in a position to extend stay or transition to the new status (from the start date indicated on the Form I-539). Until receiving the approval, the applicant cannot engage in any activities that require being in the new status. As a general rule, Form I-539 does not extend the validity of existing visas. To the contrary, a change of status accomplished through Form I-539 can invalidate

1232-408: The application is approved, the approval retroactively makes lawful the time spent by the applicant in the United States after the expiration of the original Form I-94. If the application is denied, the applicant must immediately depart the United States (if it is denied before the expiration date, the applicant has until the expiration date of the Form I-94 to depart). Once the Form I-539 is approved,

1276-419: The approved Form I-539 (whether an actual date or D/S) overrides whatever was there in the Form I-94. It is important to make sure that the Form I-539 application is sent in (and ideally, that it is approved) prior to the expiration date of the Form I-94. The USCIS recommends filing the Form I-539 at least 45 days prior to the expiration date on the Form I-94. Late submissions are likely to result in denial. In

1320-581: The case online. In most employment-based applications , the petition will be approved within four months and a green card will automatically be mailed. In some cases, a face to face interview is required. This is often done in marriage-based applications to ensure that the marriage is bona fide , meaning genuine and not a sham marriage . Based on a rule promulgated by the Department of Homeland Security (DHS) in August 2019, from February 24, 2020 to March 8, 2021, every applicant for adjustment of status in

1364-413: The case that the applicant does not have a Form I-94 (either a paper form or an electronic form that he or she can print out), the applicant must contact his or her nearest Deferred Inspection Site managed by the U.S. Customs and Border Protection , in order to obtain proof of lawful entry to the United States. The USCIS says that if it has not reached a decision on the Form I-539 by the expiration date of

Form I-539 - Misplaced Pages Continue

1408-1137: The enrollment fee will be suspended until further notice. Certain countries generally accept a U.S. tourist visa that is valid for further travel as a substitute visa for national visas. The highest number of B-1/B-2 visas were issued to nationals of the following countries in fiscal years 2015, 2016, 2017 and 2023. In fiscal year 2014, most reasons to refuse a visa were cited as "failure to establish entitlement to nonimmigrant status", "incompatible application" (most overcome), "unlawful presence", "misrepresentation", "criminal convictions", "smugglers" and "controlled substance violators". Smaller number of applications were rejected for "physical or mental disorder", "prostitution", "espionage", "terrorist activities", "falsely claiming citizenship" and other grounds for refusal including "presidential proclamation", "money laundering", "communicable disease" and "commission of acts of torture or extrajudicial killings". The adjusted visa refusal rates for B visas, by fiscal year, were as follows. The individuals admitted for tourism and/or business purposes during fiscal year 2017 were nationals from

1452-461: The entrant is a "Prospective Student" is generally a prerequisite for the Form I-539 application to be accepted. In general, the USCIS does not approve transition to student status with a start date more than 30 days prior to the program start date. Therefore, applications where the applicant's current status expires more than 30 days before the start date of their program are likely to be rejected. Form I-539 can always be submitted by paper. The form

1496-441: The existing visa. Form I-539 may be used to extend one's stay on the same status as one currently has. This extension of stay does not change the terms of one's entry visa. In particular, it does not change whether the visa was a single-entry visa or a multiple-entry visa, nor does it change the period of validity (i.e., the expiration date) of the visa. When Form I-539 is used to change status, it invalidates any visa obtained that

1540-475: The following categories, there are restrictions concerning one's ability to request a change in one's nonimmigrant status: For students on F visa (in post-secondary institutions) and their dependents, if the Form I-94 (or any update to it from a previously filed Form I-539) specifies "Duration of Status" (abbreviated "D/S") as the expiration date, then one simply needs to extend the underlying authorization. Explicitly, an updated Form I-20 needs to be issued to

1584-418: The following countries must pay the issuance fee. Before 1994, there was no application fee, and only the issuance fee was charged, varying by nationality based on reciprocity. In 1994, the application fee was introduced for all applicants, in addition to the reciprocal issuance fee, to pay for the more costly machine-readable visas, which replaced the older stamped visas around that time. The application fee

1628-463: The following countries. A number of visitors overstay the maximum period of allowed stay on their B-1/B-2 status after entering the U.S. The Department of Homeland Security publishes annual reports that list the number of violations by passengers who arrive by air and sea. The table below excludes statistics on persons who left the United States later than their allowed stay or legalized their status and shows only suspected overstays who remained in

1672-540: The individual has not violated the conditions of admission. A Border Crossing Card (BCC), also called a laser visa, has a 10-year validity and functions as both a BCC and a B-1/B-2 visitor's visa. The BCC is only issued to nationals of Mexico who apply for a visa inside Mexico. Validity of B visas by nationality, as of 2024 : On March 15, 2016, U.S. Customs and Border Protection (CBP) announced that starting from 29 November 2016, all holders of Chinese passports who also hold 10-year B visas are required to enroll in

1716-501: The judgment, i.e., the vacatur of the August 2019 rule. This rule was discontinued by DHS on March 9, 2021 and Form I-944 has been discontinued and should not be filed. B visa A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa , issued to those seeking entry for business purposes, and

1760-424: The satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15). In practice, this means that consular officers have wide discretion to deny a visa application. Once refused, there is no judicial or other means to challenge a visa decision. The foreigner, however,

1804-420: The student by the international office at his or her institution, with a new expiration date. No Form I-539 need be filed. Note that this works only if the new Form I-20 is issued prior to the expiration date of the old Form I-20. Even if transferring to a different educational institution, there is no need to file Form I-539. In general, the responsibility of keeping the student's information up-to-date lies with

Form I-539 - Misplaced Pages Continue

1848-430: The visa may be used to enter the U.S., while the period of stay determines how long the person may stay in the U.S. after each entry. Validity periods per country are listed in the U.S. Department of State visa reciprocity tables and vary from 1 month for Tuvalu (for B-1), 1 year for Vietnam, 2 years for Ethiopia, 3 years for Russia, and 5 years for Nigeria, to 10 years for China, India, Philippines, and most countries in

1892-447: Was associated with the applicant's previous status. Thus, whenever the applicant next travels outside the United States, the applicant is required to obtain a new visa to re-enter the United States. If the applicant's new status is a category eligible for automatic visa revalidation , then, after successfully transitioning to the new status, he or she may use automatic visa revalidation to travel to Mexico, Canada, or (for some statuses)

1936-484: Was initially US$ 20, and has increased several times since then. As with other non-immigrant U.S. visas, a B-1/B-2 visa has a validity period (from 1 month to 10 years), allows for one, two, three or multiple entries into the U.S., and elicits a period of stay (maximum 6 months) recorded by the Customs and Border Protection officer at the port of entry on the individual's form I-94 . The validity period determines how long

#375624