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Guillermo J. Senmartin, Esq., Immigration Lawyer
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I-539 Form Questions

Form I-539 is an application used by residents in the United States who would like to switch their status from one non-immigrant status to another in order to extend their stay in the country. Students who possess non-immigrant F1 and M1 visas can also apply for reinstatement using this form. Listed below are a few questions answered by immigration lawyers on Form I-539 related questions.

I thought I had lost my Form I-539 so I duplicated it and re-filed it online. I just realized that the first form I sent has been found. What can I do now?

This kind of occurrence is fairly common. You should contact the U.S. Citizenship and Immigration Services (USCIS) or write to the same address where you submitted the second application and request that they withdraw one of the applications. Provide any information that will help them locate the application quickly, including the date of the submission you want withdrawn along with your identifying information, so they can terminate the processing for the correct form.

When I am filling out Form I-539, do I need to submit another I-539 form for family or can I just fill "Supplement-1" at the end of the form?

As long as the family you are referring to are immediate family members, such as a spouse or unmarried children under 21 years of age, all you would need are Form I-539 and the supplement.

When I submit Form I-539, do I need to submit a check for the filing fee along with the form? Is the additional biometric fee also required?

Yes. You would need to submit a certified check to the USCIS with the Form I-539 application in order to change your non-immigrant status. In your case, the biometric fee would not apply unless you reside in the Commonwealth of the Northern Mariana Islands or are changing to a V non-immigrant visa based on the I-539 instructions.

I have filed Form I-539 to change my status from H1 to B2 and am planning to leave the country while my I-539 is pending. Do I need to submit a withdrawal letter to USCIS or can I just leave and assume that my application will be automatically cancelled?

Your application will be eventually abandoned but it’s better to submit a withdrawal letter before you leave to avoid future complications.

I filed Form I-539 online for my wife to change her status from B2 to H4. I realized later that I accidentally interchanged her family name and first name when filling the application. How can I correct this immediately as her I-94 expires in a few days?

Once you get the receipt notice, all you have to do is send a letter to the USCIS office to which you sent the application. The notice will make it easier for them to find your file. It is also possible the officer will notice the oversight, based on biographic information on your wife’s passport, and made the correction on his/her own. However, it will certainly help if you inform them directly as well.

A U.S. resident is eligible to file Form I-539 to change his/her status only if he/she has entered the country legally using a non-immigrant visa, has a valid non-immigrant visa at the time of filing, does not have any criminal history and has not violated his/he non-immigrant status by committing a crime. Legal experts can help clear up any concerns or questions you have about filing or about fixing errors you may make during the filing process.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 35581
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 35509
10+ years of experience in various aspects of U.S. Immigration Law.
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3597
Knowledgeable and experienced immigration lawyer.
Ely
Counselor at Law
Satisfied Customers: 3273
Private practice in several areas, including immigration

Recent I 539 Questions

  • Jennifer., Following up on the history of this I wanted

    Jennifer.,
    Following up on the history of this I wanted to ask you a couple of more things.
    a) My husband received his I-131 declined decision
    b)However, he received his work permit card
    c)We got another appointment interview application. This is the second one after the one scheduled that he was unable to go because he was out of the country .
    So again because he is still out of the States and the I-131 was declined he cannot enter the country to go to the interview.
    I wanted to ask you that in the event that he enters the country on the visa-waiver Greek treaty could he still go to the interview? interview they are asking the arrival departure record Form I-94. Of course they will see that he applied green card and I-131 and that He left the country prior to getting the I-131 and now this was declined to him. I want to contact the office that is scheduling the interviews and explain the situation, they keep on rescheduling the interviews and my husband cannot attend because he is not in the country. Also the I-130 is still not complete after almost 9 months of having submitted the application. We had requested a service request and have not received any response.
    Looking forward to your response
    Thank you,
    Renata
  • I'm applying on the basis of marriage to

    I'm applying on the basis of marriage to a U.S. citizen. Are we required to send all the below mentioned documents referring to my spouse and I, or will one of them be enough? ( Tax transcripts last 3 yrs, leases, birth certificates of our children, mortgages ). We were thinking about sending our tax returns last 3 years, but since we are still working on the 2014 return. Can we just go ahead and submit one return which or should we just pick and send one of the other supporting documents like leases or birth certificates ? My second question is about the required employment history during the last 5 years preceding the filing date..Should I use the 5 years cut off date as a start date or do I have to provide the actual start date job even if it was before I be came a LPR.
  • my father is a us citizen...I was born and lived in England...I

    my father is a us citizen...I was born and lived in England...I want to come live with my dad now in the US. how do I get a green card so I can stay in the US... I am 22 yrs old
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