The United States Citizenship and Immigration Service (USCIS) reminded about the new rule that will come into effect on October 1 so that qualified persons can regularize their immigration status in the United States. The measure as such states that only the version of the I-539 form dated July 27, 2024, which is nothing more than the Application to Extend or Change Nonimmigrant Status, will be accepted.
This form is of great importance for those individuals who intend to extend their stay in the national territory or simply change their status in the country. According to the USCIS website, this form is mostly used by the following categories of people:
- Some nonimmigrants want to extend their stay or change to another nonimmigrant status.
- Residents of the Commonwealth of the Northern Mariana Islands who are applying for status for the first time.
- F and M nonimmigrants applying for reinstatement
- Individuals seeking V nonimmigrant status or an extension of stay as a V nonimmigrant
Below are the most relevant aspects of this new USCIS rule:
- Edition of Form I-539: Starting October 1, only the I-539 form for the July 27, 2024 version will be allowed, discarding any previous version.
- Review instructions: It is very important that the applicant carefully review the instructions for submitting the form to the authorities before submitting the application. To minimize errors in filling it out, you can go to the USCIS website and study everything related to this form before filling it out and submitting it. This will greatly contribute to delaying the process.
- Change of status based on employment: If the applicant intends to change his/her status based on employment, he/she does not need to submit Form I-539 but rather Form I-129, which is nothing more than the Petition for a Nonimmigrant Worker
It is important to know that you must file your application before your authorized stay in the United States expires. Otherwise, it is possible that upon leaving the country, the authorities may cancel your visa, you may be prohibited from returning to the country in the future, or you may even be deported. There are two ways to submit your form: mailing it to the address that corresponds to you or doing it electronically through the USCIS website if you are eligible to submit it online.
Once USCIS receives your form, they will send you a confirmation of receipt, a notification of biometric services, another to appear for an interview, and finally the decision that was made regarding your application, that is, whether it is approved or not.
You can apply for an extension in the US as long as:
- You were initially lawfully admitted to the United States on a B1/B2 nonimmigrant visa, for example
- Your nonimmigrant visa status must remain valid
- You have not been involved in any crimes that make you ineligible to obtain an American visa.
- Has not violated the conditions of his admission or illegally extended his stay in the country
- Have a valid passport in your possession during your stay
