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Form I-539

Change or Extend Nonimmigrant
Status (Form I-539)

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I-539 Extending Your Status

The application to extend or change to a different nonimmigrant status is made after the applicant has entered the U.S. on a valid nonimmigrant visa.

If you are the dependent of a spouse or parent who is extending his or her nonimmigrant status, then you are required to file an application to extend your dependent status on Form I-539. This applies to the spouse and children of E-1, E-2, E-3, F-1, H-1, L-1, O-1, P-1, R-1 and TN visa holders. If you fail to timely file your application to extend dependent status, you will fall out of status and become removable from the U.S.

If you are extending nonimmigrant status based on a petition to extend the nonimmigrant status of your spouse or parent, then your application may be filed either at the same time that your spouse or parent's petition is filed, or while your spouse or parent's petition is pending, or after your spouse or parent's petition has been approved. Please note, however, that you must file your application to extend status before your current status expires, or you will fall out of status.

If you are changing from one nonimmigrant status to another, then you may file your application any time before your current status expires. If you fail to file your application before your current status expires you will fall out of status.

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