Form I-539: Complete Guide to Visa Extensions

Do you need to legally extend your stay in the United States? Is it time to change to a new immigration status? If so, you will need to complete Form I-539, Application to Extend/Change Nonimmigrant Status. This is the form for you if you are a tourist who isn’t ready to go home yet and wants to enjoy your vacation a little longer, a student changing your academic levels, or a dependent family member who needs to maintain your immigration status with a primary visa holder. 

Form I-539 is your gateway to maintaining legal status, and in this guide from FileRight, we’ll walk you through everything you need to know about visa extensions, from the eligibility requirements to the filing procedures to processing times. If you’re ready to begin your application, you can use FileRight’s Form I-539 application service to ensure your paperwork is completed correctly and submitted without errors.

Can I Travel While My I-539 Is in Process?

Travel while you’re waiting for your I-539 to be approved is okay, provided you stay in the United States. If you’re planning an international trip, you will need to carefully consider the decision to travel and how it could impact your immigration status before you book that trip and start packing your bags. Typically, international travel during I-539 results in USCIS considering your application abandoned. If that happens, you will have to start the process all over again. You will also lose your filing fee.

If you do travel internationally, once you’ve lost your pending request to extend or change your status, you will need to get a new visa at a U.S. embassy or consulate before you’ll be allowed to return. This could affect your future immigration applications.  

Don’t forget: Even if you have urgent travel needs, protecting your legal status should be your first priority. If you absolutely must travel internationally, you should consult with an immigration attorney first who can explain the specific risks and requirements in your situation. 

What Evidence Do I Need to Submit With I-539?

When submitting Form I-539 to extend or change your nonimmigrant status, you’ll need to provide comprehensive documentation to support your application. USCIS requires evidence that proves your eligibility and justifies your request to remain in the United States. The specific evidence required varies depending on your current status and the status you’re seeking to obtain or extend.

Required documents typically include proof of your current status, financial capability, and the purpose of your extended stay. You’ll need to demonstrate that you’ve maintained valid status throughout your current stay, have sufficient funds to support yourself during the extended period, and have legitimate reasons for requesting additional time in the United States. Additionally, USCIS needs assurance that you intend to leave the U.S. when your authorized stay expires.

The evidence you’ll need to submit with form I-539 includes?

• Valid passport (copy of biographical page and visa)
• Current I-94 record
• Previous approval notices (if applicable)
• Financial documents (bank statements, sponsor letters)
• Evidence of ties to home country
• Proof of current activity in U.S. (enrollment, employment records)
• Documentation supporting reason for extension
• Payment of required fees
• Photos (if required for your status type)
• Evidence of relationship to primary visa holder (for dependents)
• Academic records (for students)
• Medical documentation (for medical treatment cases)

Remember that submitting clear, well-organized evidence with your initial application can help avoid delays and Requests for Additional Evidence (RFEs). Each piece of documentation should directly support your eligibility and the necessity of your extended stay.

How Long Does it Take for I-539 to be Approved?

USCIS processing times for Form I-539 typically range from 2-8 months for most applications, though it can take 3-10 months for student/academic visas (F/M/J). The exact timeline varies based on factors like the service center processing the application, current USCIS workload, and whether premium processing is available and used for your specific case.