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Dependent Form I-539

Need to Change or Extend Nonimmigrant Status?

If you are the dependent of a spouse or parent who is extending his or her nonimmigrant status, then you should be aware that 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 currently hold a nonimmigrant status and seek to change status as the dependent of a spouse or parent's nonimmigrant status, then you are required to file an application to change your 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. This application should be made prior to the expiration of your current status, or you will fall out of status and become removable from the U.S.

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Form I-539 Need to Change or Extend your B-1/B-2 Nonimmigrant Status?

Definition of Key Terms

These key terms are highlighted in blue on this page to help clarify the application process.


Nonimmigrant Status

Nonimmigrant status refers to a visa status that is temporary in nature, as opposed to "immigrant" status, which is permanent. All work visas and dependent visas are considered "nonimmigrant" visas.


Application to Extend Status

This application is filed by someone who has been granted a visa and who seeks to extend the period of authorized stay after they have arrived in the U.S.


Application to Change Status

This application is filed by someone who has been granted a visa in a certain nonimmigrant status and wishes to change their status to a different status after they have arrived in the U.S.


Eligibility Requirements

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.


The Process

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. The application is made on Form I-539.


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