The is the first of a two-part discussion of the requirements for completing Form I-539. A printable version of Form I-539 is available online. The form is titled Application to Extend/ Change of Status Non-Immigrant Status.

The form should be completed by your lawyer, an experienced immigration attorney, or by yourself. The parts that need completion are as follows:

Your Full Name

This includes your first name, last name, and your middle name. You also need to include your alien registration number (if any) and your USCIS online account number (if any).

US Mailing Address

This includes the street name and number, apartment or unit number, city or town, state, and zip code. If the mailing address is in care of anyone, you need to state who that someone is.

US Physical Address

This is the address (with all the standard identification items) where you physically live.

Additional information includes:

a. Your country of birth
b. Your country of citizenship or nationality
c. Your date of birth
d. Your US social security number (if you have one)
e. The date you last arrived in the United States
f. The following information about your most arrival into the United States

    • i. The Form I-94 Arrival-Departure Record Number
    • ii. Your passport number
    • iii. Your travel document number
    • iv. County of passport or travel document issuance
    • v. The expiration date for your passport or travel document
    • vi. Your current nonimmigrant status
    • vii. The expiration date of your passport or travel document
    • viii. An indication of whether you were granted “Duration of Status”

The Application Types

You will need to check which of the following items apply:

    a. Reinstatement to student status
    b. Extension of stay in current status
    c. Change in status
    d. New status and the effective date of change
    e. The change in the status types you are requesting
    f. If you are the only applicant
    g. Whether members of your family are applying with you
    h. The total number of people, including yourself, who is filing the application. A separate Form I-539 must be filed for each person.

Processing Information

    a. The date the applicant(s) want their status extended until
    b. Whether the application is based on an extension or change of status already granted to a spouse, child, or parent. If so, provide the USCIS receipt number.
    c. If the application is based on a separate application on behalf of a spouse, child, or parent. If yes, additional information is required.
    d. If the application is pending, provide the USCIS receipt number and other requested information.

Additional Applicant Information

    a. Passport number
    b. Country of passport issuance
    c. Passport expiration date.
    d. Physical address abroad – standard information
    e. Whether you or any other person on the application is an applicant for an immigration visa
    f. Whether immigration has EVER been filed on your behalf or on the behalf of anyone on the application
    g. Whether Form I-485 has EVER been filed on your behalf or on the behalf of anyone on the application
    h. Since last entering the US, have you EVER been arrested or convicted of a criminal offense.
    i. A list of other questions regarding the involvement of anyone on the application regarding torture, genocide, killing someone, involvement in serious injury, sexual contact or relations (without consent or without the ability to give consent), or limiting or denying a person’s ability to exercise their religious beliefs.
    j. Many other questions that probe into your conduct including the use of weapons
    k. Whether you have violated the nonimmigrant status terms you now hold.
    l.Whether you’re involved in any removal proceedings
    m. Since you were last admitted or approved for an extension or change in status – have you or anyone else on the application been employed in the United States.
    n. Several other questions about you and the other applicants need to be answered too.

Public Benefit Questions

You will need to provide the following information if you are seeking to extend your BI visa or B2 visa status or if you are seeking to change your current nonimmigrant status to a B1 or B2 visa:

a. Whether you are receiving or certified to receive any of the following benefits:

    i. Any federal, state, or local tribal cash assistance for income maintenance
    ii.Supplemental Security Income (SSI)
    iii.Temporary Assistance for Needy Families (TANF)
    iv. General Assistance
    v. Supplemental Nutrition Assistance Program (SNAP, formerly called “Food Stamps”)
    vi. Section 8 Housing Assistance under the Housing Choice Voucher Program
    vii. Section 8 Project-Based Rental Assistance
    viii. Public Housing under Housing Act of 1937
    ix. Federally funded Medicaid

b. If you’re not receiving any of these benefits, you’ll need to check off the appropriate box
c. If you’re not certified to receive any of these benefits, you’ll need to check off the appropriate box
d. If you are receiving or are certified to receive any of these public benefits, you’ll need to provide more information such as:

    i. The type of benefit
    i. The type of benefit
    ii. The agency providing the benefit
    iii.The coverage dates
    iv. Whether you were in the Armed Forces (or inactive duty in the Ready Reserve Component of the US Armed Forces) when you received the benefits
    v. Whether you received the benefits when you were in the US in a status that was/is exempt from the public benefit test
    vi. Whether you received the benefits when you were in the US and have received an exemption from the public benefit test
    vii. Several other questions

e. If you received, applied for, or were certified to receive federally-funded Medicaid in connection with any of the listed conditions including:

    i. An emergency medical condition
    ii. A service rendered under the Individuals with Disabilities Education Act (IDEA)
    iii.Qualifying school benefits
    iv. While you were under 21
    v. While you were pregnant or during the 60 day period after the last day of pregnancy

The Applicant’s Statement, contact information, declaration, certification, and signature

    a. You’ll need to provide your contact information
    b. Applicants need to certify many things such as that the photocopies are true and correct copies of the originals
    c. Applicants may need to provide federal agency disclosures and authorizations.
    d. Information regarding the interpreter such as their name, mailing address, contact information, and certifications.

Additional Information may be required

Call Herman Legal Group at 1 (800) 808-4013 or complete our contact form to speak with us about helping you prepare and file your I-539 extension or change form.

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