Client: Student
Client’s Country of Origin: Armenia
Case Type: I-539; Application to Extend/Change Nonimmigrant Status
While hundreds of applications and thousands of paperwork are filed to the USCIS, it is foreseeable that mistakes or errors may occur from time to time. However, this oversight does not condone putting petitioners at fault for circumstances beyond their control. Our client, a citizen of Armenia, came to the US on a tourist visa. During her visit, she became interested in pursuing an American education. In order to do so, her first step would be to obtain an F-1 student visa. Generally, an immigrant would need to return to their home country’s embassy and apply for a visa there; however, an immigrant with lawful status within the US may file an I-539 Application to Extend/Change Nonimmigrant status if he or she meets the requirements.
In general, it may take months to change to a student visa. During the time that the USCIS is adjudicating the immigrant’s application, he or she cannot go to school in the meantime. If any delays occur, the immigrant’s lawful status is at risk of expiring prior to his or her application’s approval. Subsequently, delays cause further issues with the Service, the immigrant, and the school.
In this case, our client filed her application for a student visa during her B-1 tourist status. The university program she was admitted to record that the original start date for classes was within 30 days of termination of her B-1 status.
Due to delays with the Service evaluating her application, without her knowledge, the university deferred the start date by nearly half a year. This caused the Service to deny her application in light of her B-1 status expiration to occur prior to the program’s start date, which deemed our client ineligible to request a change of status.
Our client did not understand why she received denial—she had met all the requirements and produced all necessary documents in order to change to student status and begin her education. Wanting to give up, she approached Attorney Richard Herman seeking advice.
First, Attorney Herman assisted in filing a second application. Additional filings are necessary to provide “bridge” status for the immigrant during the USCIS adjudication process, that way our client would not (1) risk expiration of status; and (2) lose her eligibility for a student visa. Second, Attorney Herman filed to reconsider our client’s denial based on USCIS error. The Service had based its denial on grounds that our client had not provided facts or reasoning in order to reconsider her change of status. However, our client attached many exhibits to the original application.
Therefore, counsel argued that not only did the Service error in misplacing those documents when issuing a denial but also the Service never requested further evidence from our client in order to fairly consider her application.
Attorney Herman provided substantial evidence to display that our client should not be at fault due to the Service’s untimely adjudication of her original application and based on the fact that proper evidence was supplied at the time of the initial decision. After many hurdles and drawn-out patience, our client was finally issued an approval notice to change to F-1 student status. Soon later, she began her American dream.
Spouses and the unmarried children of treaty investors and employees who currently legally in the United States can request a change in status to E-2 dependent status or an extension of a valid E-2 visa – by filing Form I-539. Current court cases may affect the ability to file a Form I-539. Family members of E-2 investors and employees should review these cases and their rights with experienced immigration attorneys.
When do you need to file Form I-539
Applicants who are seeking a change of nonimmigrant status or an extension of their visa must seek authorization. There are strict deadlines that must be met. There are limited circumstances where a failure to file in a timely manner can be excused.
Applicants can file for themselves, their spouse, and for unmarried children under the age of 21 all in one application – “but only if you are all now in the same status or they are all in derivative status.” Applicants must file Form I-539A for each person who seeks authorization. Fiancées’ are generally not allowed to seek nonimmigrant E-2 classification.
Extension of time/change of status requests – What documents must be submitted?
Applicants seeking a time extension or change of status to E-2 classification must complete the application, pay the filing fee, and file the documents and fee with the correct office.
The application should include the following forms in addition to the I-539 and I-539A forms:
- Form I-94 (a front and back copy) for each applicant
- Evidence of the relationship to the principal E nonimmigrant – such as marriage certificate and divorce papers
- One or more of the following”
- Form I-129
- “A copy of the I-797 Receipt Notice related to the principal E nonimmigrant’s already pending Form I-129”
- Other authorized documents your immigration lawyer can explain
The approval for spouses and dependents does not generally authorize the right to work in the US – just the right to live in the US.
Anyone who is required to have a valid passport to be admitted into the US must keep up the validity of that passport during their non-immigrant stay.
Additional Form I-539 requirements
USCIS provides form I-539 for free – though there is an application fee that must be paid when the form is submitted. In addition:
- Applications must be signed by the applicants. This means Form I-539 and Form I-539A must be signed separately. “USCIS will consider a photocopied, faxed, or scanned copy of the original, handwritten signature valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten, ink.”
- The appropriate filing fee and biometric services fees must be paid when the application is filed.
- Your immigration lawyer can explain when copies are acceptable and when translations into English are required.
- All parts of the forms must be completed. There are typically about seven parts.
Biometric Services Appointment
“USCIS may require that you appear for an interview or provide biometrics (fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition.”
USCIC will advise applicants whether a biometric services appointment is required after the application is filed. Applicants will be informed which office to go to if they are in the US or overseas. Applicants who are required to complete a biometric services appointment will need to sign oaths the that information in the application is accurate.
Contact an experienced immigration lawyer to review when you must complete an I-539 and/or I-539A form, how you should complete it, and what additional information/documentation is required.
Client: Adult Female Student Wishing to Transfer from B-2 to F-1 Status
Client’s Country of Origin: Croatia
Case Type: I-539 Application to Extend / Change Nonimmigrant Status
Date of Application: March 19, 2002
Date of Approval: June 20, 2002
Background:
After a denial to her previous application, our client studying in a Cleveland suburb retained us to secure student status by changing her nonimmigrant status from B-2 to F-1.
Challenge:
Not many people know that you can transfer from one nonimmigrant status to another, and even less people know how to deal with the procedures. It may take you some time to figure out how to apply and transfer, and it will likely cost you more to do it by yourself. An experienced immigration lawyer will help you to transfer successfully without any unnecessary risks or wasted time.
Action:
We helped our client collect sufficient evidence and prove:
- She was granted admission by the school, which issued I-20.
- She had sufficient financial support from relatives in the Cleveland area for the duration of her study.
- Her ongoing medical treatments in the Cleveland area required a quiet stay for a full recovery.
- She secured a confirmatory letter to prove her good faith from a Representative.
Result:
Within three months, our client was granted F-1 status.
Client: Adult Male Student Wishing to Transfer from B-2 to F-1 Status
Client’s Country of Origin: China
Case Type: I-539 Application to Extend / Change Nonimmigrant Status
Date of Application: December 11, 2000
Date of Approval: January 2, 2001
Background:
Our Chinese client retained us to secure student status by changing his status from B-2 to F-1 during his travel in the U.S. for his study in a Cleveland suburb.
Challenge:
Not many people know that you can transfer from one nonimmigrant status to another, and even less people know how to deal with the procedures. It may take you some time to figure out how to apply and transfer, and it will likely cost you more to do it by yourself. An experienced immigration lawyer will help you to transfer successfully without any unnecessary risks or wasted time.
Action:
We helped our client collect sufficient evidence and prove that:
- He was granted admission by the perspective school, which issued I-20.
- He had enough available support from relatives in Cleveland for the duration of his study
Result:
In 22 days, our client was granted F-1 status. (Standard processing time could be up to 180 days.)