Tips on Filing I-539 Applications

The Vermont Service Center has issued some guidance on properly completing Form I-539, Application to Extend/Change Nonimmigrant Status.  The guidance is based on experience with improperly completed and filed Forms I-539.

• Ensure that the applicant and beneficiary names as entered in the form I-539 match the names as written in the passport;
• Provide a copy of biographical page of the applicant’s passport and visa stamp (if applicable) as well as a copy of their I-94 arrival/departure record;
• On B-1/B-2 extension applications, the reason/explanation for the request should come from the applicant rather than the attorney;
• Submit documentary evidence that the applicant has the financial means to support themselves during his/her requested stay, as well as enough funds to return to the home country if a copy of the return ticket is not provided
• On applications requesting a change of status to F-2 or M-1 or requesting a reinstatement to F-1 or M-1, the I-20 must be signed by the DSO and the Student. Additionally, the original must be provided to the service.

Many of our readers (and some of our clients) decide and file Form I-539 on their own.   While many cases are very straightforward, we urge self-filers to exercise extra caution in following directions when preparing and filing Form I-539, especially when the filing is made shortly before or after an event which has affected the applicant’s legal status in the U.S.  If you need professional help in preparing and filing Form I-539, please contact us.