Form I-539A – Supplemental Information for Application to Extend/Change Nonimmigrant Status for the United States

1. What is Form I-539A used for?

Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, is used to provide additional details and information about the primary applicant when applying to extend or change nonimmigrant status in the United States. This form is typically submitted along with Form I-539, Application to Extend/Change Nonimmigrant Status, and is required for certain categories of nonimmigrants, such as dependents or family members seeking to extend or change their status along with the primary applicant. The information provided on Form I-539A helps the U.S. Citizenship and Immigration Services (USCIS) assess the eligibility of the applicant for the requested extension or change of status. It is important to accurately complete this form and provide all relevant information to support the primary application.

2. Who needs to complete Form I-539A?

Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, needs to be completed by the dependents of the primary applicant who is filing Form I-539 to extend or change their nonimmigrant status. Specifically, the following individuals are required to complete Form I-539A:
1. Dependent spouse of the primary applicant.
2. Unmarried children under the age of 21 of the primary applicant.

Completing Form I-539A is essential for dependents to provide additional information about their own status and to support the primary applicant’s request for extension or change of status. It ensures that all relevant details regarding the dependents are properly documented and considered as part of the application process. Therefore, it is crucial for all eligible dependents to accurately fill out Form I-539A when required.

3. What information is required on Form I-539A?

Form I-539A – Supplemental Information for Application to Extend/Change Nonimmigrant Status for the United States is required to be submitted along with Form I-539 in certain nonimmigrant visa holder situations. The form asks for various information to support the extension or change of status application, including:

1. Applicant’s biographical information such as full name, date of birth, country of birth, and other personal details.
2. Details about the applicant’s current nonimmigrant status, including the visa classification, expiration date, and admission number.
3. Information regarding the applicant’s intended nonimmigrant classification or extension, including the proposed activities in the United States.
4. Details about the applicant’s travel history to the United States, including previous visits, length of stay, and any overstays.
5. Information about the applicant’s immediate family members who are already in the United States or joining them on the same application.
6. Declaration of the applicant regarding the accuracy and truthfulness of the information provided in the form.

Overall, Form I-539A plays a crucial role in providing additional information and context to support the applicant’s request for an extension or change of nonimmigrant status in the United States. It is important to carefully and accurately fill out this form to avoid any delays or complications in the application process.

4. Can Form I-539A be filed online or only by mail?

Form I-539A, the Supplemental Information for Application to Extend/Change Nonimmigrant Status, is typically filed by mail when submitting it along with the main Form I-539 application. In most cases, this supplemental form cannot be filed online. It is crucial to follow the specific instructions provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the submission of Form I-539A, which usually includes mailing it to the designated address along with the main application. Additionally, it is essential to ensure that all required documents and information are included when submitting Form I-539A by mail to avoid processing delays or potential issues with the application.

1. However, it is always recommended to check the most up-to-date instructions on the official USCIS website to confirm the current filing procedures for Form I-539A.

2. If there are any changes or updates to the filing process, they will be clearly outlined on the USCIS website, providing applicants with the necessary guidance for submitting their Form I-539A accurately and timely.

5. Is there a filing fee for Form I-539A?

Yes, there is a filing fee for Form I-539A when submitting it to the U.S. Citizenship and Immigration Services (USCIS). As of the latest update, the filing fee for Form I-539A is $85. This fee is required for each applicant listed on the form seeking an extension or change of nonimmigrant status in the United States. Additionally, it’s essential to note that the fee is subject to change, so it’s advisable to check the USCIS website or contact USCIS directly for the most up-to-date information on filing fees related to Form I-539A.

6. What is the processing time for Form I-539A?

The processing time for Form I-539A, which is the Supplemental Information for Application to Extend/Change Nonimmigrant Status for the United States, can vary depending on various factors. On average, the processing time for Form I-539A is currently estimated to be around 7.5 to 12 months. However, this is a rough estimate and processing times can fluctuate based on the caseload at the specific U.S. Citizenship and Immigration Services (USCIS) service center handling the application, as well as any additional factors that may impact processing times, such as the complexity of the case or any requests for further evidence. It is important for applicants to check the USCIS website regularly for updates on processing times and to ensure that all required documentation is submitted accurately to avoid delays.

7. Can Form I-539A be filed concurrently with Form I-539?

Yes, Form I-539A can be filed concurrently with Form I-539 when seeking to extend or change nonimmigrant status in the United States. It is designed to provide additional information specifically for dependents of the primary applicant listed on Form I-539. Filing both forms together can help ensure that all necessary information is provided for a successful application process. It is important to carefully review the instructions for both forms and submit them together along with any required supporting documents to avoid delays or potential issues with the application.

8. Are there any specific requirements for photographs when filing Form I-539A?

Yes, there are specific requirements for photographs when filing Form I-539A. The photographs must meet the following criteria:
1. The photos must be in color.
2. The photos must be printed on thin paper with a glossy finish.
3. The photos must be 2 x 2 inches in size.
4. The photos must have a white to off-white background and be taken within the last 30 days.
5. The photos must be clear and in focus, with no marks or creases.
6. The applicant’s face must be fully visible, with no hats or head coverings unless for religious purposes.
7. The applicant must have a neutral facial expression with both eyes open and looking directly at the camera.
8. The photos must be of high quality and resolution.

Complying with these specific requirements for photographs is crucial to ensure that the application process for Form I-539A goes smoothly without any delays or rejections due to improper photo submission.

9. What is the purpose of the “Applicant’s Statement, Contact Information, Declaration, and Signature” section on Form I-539A?

The “Applicant’s Statement, Contact Information, Declaration, and Signature” section on Form I-539A serves several important purposes:

1. Verification of Information: This section allows the applicant to confirm the accuracy of the information provided in the form and declare that all details are true and complete to the best of their knowledge.

2. Contact Information: By providing current contact details, the applicant ensures that the United States Citizenship and Immigration Services (USCIS) can reach them if needed for any additional information or to communicate updates regarding their application.

3. Declaration of Intent: The signature confirms that the applicant understands the implications of their application, including acknowledging that false statements could lead to penalties or denial of the request.

4. Legal Requirement: Signing the form is a legal requirement, indicating that the applicant acknowledges the responsibility for the information provided and agrees to comply with the terms and conditions associated with the application.

Overall, this section plays a crucial role in the application process for extending or changing nonimmigrant status within the United States, ensuring accountability and authenticity in the information provided to the USCIS.

10. How should I-539A be filled out if there are multiple family members included in the application?

When filling out Form I-539A for multiple family members included in the application, there are a few key points to consider:

1. Each family member must have a separate Form I-539A filled out for them. This means that if there are multiple family members, there should be a separate form for each individual.

2. It’s important to clearly indicate the relationship of each family member to the main applicant on their respective forms. This helps ensure that the information provided is accurately reflected for each individual.

3. Make sure to include all required information for each family member, such as biographical information, immigration history, and any other relevant details specific to that individual.

4. Double-check all forms for accuracy and completeness before submission to avoid any delays or issues with the application process. It’s crucial to provide all necessary information and documentation to support the application for each family member included.

By following these steps and providing thorough information for each family member on separate Form I-539A applications, you can ensure a smoother and more efficient processing of the overall application for extending or changing nonimmigrant status in the United States.

11. Can biometric services be required for Form I-539A?

1. Yes, biometric services can be required for Form I-539A in certain cases. Biometrics, such as fingerprints, photographs, and signatures, may be requested by U.S. Citizenship and Immigration Services (USCIS) as part of the application process for certain nonimmigrant statuses, including extensions or changes of status. The biometric information helps USCIS verify the identity of the applicant and conduct background checks as part of the adjudication process.

2. If biometric services are required for a specific Form I-539A application, USCIS will provide instructions on how to complete this step. This may include scheduling an appointment at a designated Application Support Center (ASC) to have your biometrics taken. It is important to follow the instructions provided by USCIS to ensure that your application is processed efficiently and accurately. Additionally, there may be a fee associated with the biometric services, which should be paid in accordance with the guidelines provided by USCIS.

12. What are the common mistakes to avoid when completing Form I-539A?

When completing Form I-539A – Supplemental Information for Application to Extend/Change Nonimmigrant Status for the United States, there are several common mistakes to avoid to facilitate a smooth application process:

1. Missing or Inaccurate Information: Ensure all sections of the form are filled out accurately and completely, leaving no blanks or unanswered questions.

2. Incorrect Dates: Make sure to provide the correct dates in all sections, especially when indicating the start and end dates of the requested extension or change of status.

3. Inconsistencies: Double-check for any inconsistencies between Form I-539A and the main Form I-539, as discrepancies could lead to delays or even denial of the application.

4. Failure to Sign: Both the applicant and the preparer, if applicable, must sign and date the form. Missing signatures can result in the rejection of the application.

5. Late Submission: Submit the form well before the current status expires to allow sufficient processing time. Late submissions could lead to out-of-status situations.

6. Lack of Supporting Documents: Ensure all required supporting documents are enclosed with the application, such as passport copies, visa copies, I-94 records, financial statements, etc., as listed in the form instructions.

7. Incorrect Fees: Include the correct filing fee along with the application. Check the latest fee information on the USCIS website to avoid underpayment or overpayment.

8. Not Using the Latest Version: Always use the most recent version of Form I-539A available on the USCIS website to prevent any outdated information or changes in requirements.

By being thorough and attentive to detail while completing Form I-539A and avoiding these common mistakes, applicants can enhance the chances of a successful application process.

13. Can Form I-539A be used for changing to a different nonimmigrant status?

Yes, Form I-539A can be used for changing to a different nonimmigrant status. When filing Form I-539A as part of an application to extend/change nonimmigrant status in the United States, the primary applicant can include eligible dependents on the form as well. If the primary applicant is applying to change to a different nonimmigrant status, they can indicate this in the form and provide the necessary supplemental information to support the change. It is important to carefully follow the instructions provided with Form I-539A and any corresponding forms to ensure a complete and accurate application for changing to a different nonimmigrant status in the United States.

14. What is the difference between Form I-539 and Form I-539A?

Form I-539 is used by the primary applicant to request an extension or change of nonimmigrant status in the United States. On the other hand, Form I-539A is used as a supplemental form to provide additional information for dependents of the primary applicant. The main applicant needs to submit Form I-539 along with their own information, while any dependents included in the application need to each submit a separate Form I-539A. This form is specifically designed for dependents who are applying along with the primary applicant and allows them to provide their personal details and information relevant to their application for extension or change of nonimmigrant status. It is crucial to ensure that all required forms are completed accurately and submitted together to avoid delays or complications in the application process.

15. Is Form I-539A used for extending a nonimmigrant visa status in the U.S.?

Yes, Form I-539A – Supplemental Information for Application to Extend/Change Nonimmigrant Status is used specifically for requesting an extension of nonimmigrant status in the United States. When an individual wishes to extend their stay in the U.S. beyond their initial authorized period, they must submit Form I-539 along with any required supplementary documentation. This form is typically used by individuals such as tourists, students, or temporary workers who are already in the U.S. and need to prolong their stay for various reasons. It is crucial to accurately complete the form and provide all necessary information to demonstrate eligibility for the extension.

16. Are there any eligibility requirements for filing Form I-539A?

Yes, there are eligibility requirements for filing Form I-539A to extend or change nonimmigrant status in the United States:

1. The applicant must currently be in the United States under a nonimmigrant status that allows for a change or extension.
2. The applicant must not have violated the terms of their current nonimmigrant status.
3. The application must be filed before the expiration of the current authorized stay in the U.S.
4. The applicant must provide all necessary documentation and information required by Form I-539A.
5. The applicant must have a valid passport and maintain their eligibility for the requested nonimmigrant status.

Meeting these eligibility requirements is crucial for a successful application for the extension or change of nonimmigrant status through Form I-539A. It is recommended to carefully review the specific eligibility criteria and guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) before submitting the application.

17. What documentation should be included with Form I-539A?

When submitting Form I-539A – Supplemental Information for Application to Extend/Change Nonimmigrant Status for the United States, it is crucial to include the necessary documentation to support your application. The following documents should be included with Form I-539A:

1. A copy of the applicant’s passport biographic page.
2. A copy of the applicant’s visa stamp.
3. Form I-94, Arrival/Departure Record.
4. A supporting letter explaining the reasons for the extension/change of nonimmigrant status.
5. Evidence of financial support to demonstrate the ability to cover expenses during the extended stay.
6. Any additional supporting documentation relevant to the specific circumstances of the application, such as marriage certificates, employment letters, or educational enrollment verification.

Ensuring that all required documentation is included with Form I-539A will help facilitate the processing of your application and increase the chances of a successful outcome.

18. Can Form I-539A be filed by minors or does a parent or guardian need to file on their behalf?

Form I-539A can be filed by minors themselves if they meet the eligibility requirements and are able to sign the form. However, if the minor is below a certain age where they are unable to sign legal documents, a parent or legal guardian would need to file on their behalf. It is important to check the specific requirements outlined by the United States Citizenship and Immigration Services (USCIS) to determine if the minor can self-file or if a parent or guardian’s signature is required. When completing Form I-539A for a minor, it is crucial to provide accurate information and ensure that all required sections are properly filled out to avoid delays or complications in the application process.

19. How long does it take for USCIS to process Form I-539A?

The processing time for Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, can vary depending on various factors. However, as of the time of this response, USCIS typically processes Form I-539A within 3 to 5 months. It is important to note that processing times may fluctuate based on current caseloads, staffing, and external factors. Applicants can check the USCIS website for the most up-to-date estimated processing times for Form I-539A applications. Additionally, submitting a well-prepared and complete application with all required supporting documents can help expedite the processing time.

20. What are the steps to take if Form I-539A is denied?

If Form I-539A is denied, there are several steps that can be taken to address the denial and potentially rectify the situation:

1. Review the denial letter: Carefully read the denial letter from USCIS to understand the reasons for the denial. This will help in determining the specific issues that need to be addressed.

2. Appeal or Motion to Reopen: Depending on the circumstances of the denial, you may have the option to file an appeal or a motion to reopen the application. It’s important to follow the instructions provided in the denial letter regarding the appropriate recourse.

3. Consult an Immigration Attorney: Seeking guidance from an experienced immigration attorney can be beneficial in understanding the denial reasons, determining the best course of action, and preparing a strong response or appeal.

4. Resubmitting the Application: In some cases, it may be possible to address the issues that led to the denial and resubmit the application with additional documentation or explanations. Make sure to correct any errors or deficiencies that were identified in the initial review.

5. Maintain lawful status: While addressing the denial, it is crucial to ensure that you maintain lawful status in the United States to avoid any further immigration issues.

By taking these steps and carefully considering the options available, it is possible to address a denial of Form I-539A and work towards achieving a favorable outcome in the immigration process.