Form I-539, Application to Extend/Change Nonimmigrant Status

Extension of Stay in the U.S. with Form I-539

Form I-539 process applies to foreign nationals who are visiting the U.S. on B-1/B-2 visa who wish to extend their stay. You should have received an I-94 form at the port of entry from a Customs and Border Protection (CBP) Officer when entering the United States. The I-94 is white card received once you are admitted into the U.S. The I-94 normally gets placed in your passport and indicates your arrival date and location of port of entry into the U.S. It will also include the date for when you are to depart from the U.S. Visiting on a B-1/B-2 visa generally allows a stay up to six months in the U.S, with a chance of extension with filing form I-539 for up to six additional months. This would be based upon your filing Form I-539 and getting it approved by United States Citizenship and Immigration Service (USCIS).

Form I-539 Eligibility Requirements

If you are currently in the U.S. on a B-1/B-2 visa or switching to B-1/B-2 visa from another status, when filing form I-539 you must be able to show that the requested stay is temporary and that you intend to return to your home country when the status expires. While there is no guarantee that your request to extend your stay will be granted, you should fill out form I - 539 accurately and completely to avoid a rejection notice.

Form I-539 Process

The application to extend or change to B-1/B-2 status is made after the applicant has entered the U.S. on a valid nonimmigrant visa. The application is made on Form I-539.

The applicant must establish that he or she is requesting the extension or change of status for a justified reason. If the applicant is a tourist, then the reason may include a description of the places he or she will visit and the activities that are planned. If the applicant is a business visitor, he or she should provide a letter from the host business describing why an extension or change of status is necessary.

It can take USCIS as long as six months to process a Form I-539 application, which means that in some cases the application will only be approved after the applicant has already left the U.S. Nevertheless, it is very important to file the extension request, in order to preserve your ability to travel to the U.S. in the future.