What is Form I-539A?
Form I-539A is a supplement to Form I-539, Application to Extend/Change Nonimmigrant Status.
Form I-539 is used by individuals in the U.S. to apply for an extension or change of their nonimmigrant status.
Who needs to file Form I-539A?
Form I-539A must be completed by dependents of nonimmigrant visa holders who are filing Form I-539, Application to Extend/Change Nonimmigrant Status.
The individuals who need to fill out Form I-539A include:
- Spouses: Spouses of principal nonimmigrant visa holders, such as H-4 spouses (dependents of H-1B visa holders), L-2 spouses (dependents of L-1 visa holders), etc.
- Unmarried Children Under 21 Years of Age: Unmarried children under the age of 21 who are dependents of principal nonimmigrant visa holders.
Form I-539A filing fee
There’s no filing fee for dependents completing Form I-539A.
However there is a $370 filing fee for the principal (main) applicant submitting Form I-539.
Who is a “principal applicant” on Form I-539A?
In the context of Form I-539A, the principal applicant is the primary visa holder who is submitting the main Form I-539, Application to Extend/Change Nonimmigrant Status.
The principal applicant is the individual who holds the nonimmigrant status and is applying for an extension or a change in their status. For example:
- If the primary visa holder is an H-1B nonimmigrant, the H-1B holder would be the principal applicant.
- If the primary visa holder is an L-1 nonimmigrant, the L-1 visa holder would be the principal applicant.
Form I-539A is a supplement to Form I-539 and is used by dependents (spouse and unmarried children under 21 years old) of the principal applicant.
Each dependent included in the application (such as an H-4 or L-2 dependent) would complete a separate Form I-539A.
Form I-539A checklist of documents
Below is a general checklist of documents that may be required when filing Form I-539A (submit photocopies only):
|Basis for change or extension of status||
|Proof of relationship||For spouses:
|Proof of relationship||For children:
Where to send Form I-539A
Form I-539A must be submitted together with the main Form I-539.
How to fill out Form I-539A step-by-step
Where there are multiple family members applying together in the same I-539 application, an I-539A Supplement application must be submitted for each additional applicant.
An I-539A is not submitted for the principal applicant listed on Form I-539.
Note: If the application is being filed for a change of status or extension of status for a child who will be turning 21 soon, it is recommended that the child file a separate I-539 application.
If a child who will turn 21 soon files Form I-539A together with the rest of the family members, then USCIS will only grant an extension of nonimmigrant status for the entire family until the date of the child’s 21st birthday.
Let’s start with the general Form I-539A instructions:
- Current edition of forms: make sure that you are using the current edition of the form I-539A. The most current edition is available on the USCIS website.
- Some categories of applicants are eligible to file Form I-539A online
- USCIS will reject any outdated editions of the form
- Sign and date the form
- Type or print legibly in black ink
- If you need extra space to complete any item in the I-539A, go to the last page of the form – Part 6 Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers.
- Answer all questions fully and accurately
- If an item is not applicable or the answer is “none,” type or print “N/A,” and it is recommended that you do so
- You must sign the form in ink. Stamped or typed signatures are not accepted
To be completed by an attorney or Board of Immigration Appeals (BIA)-accredited representative: leave it blank if you are not being represented by an attorney or representative.
Part 1. Information About the Person Filing the Form I-539
Questions 1.a. – 1.c. – Enter the principal applicant’s full legal name as shown on their birth certificate, passport or legal change of name document.
Part 2. Information About You
The rest of the I-539A collects information about the individual family member for whom this I-539A application is being submitted.
Questions 1.a.-1.c. – Enter the family member’s full legal name as shown on their birth certificate, passport or legal change of name document.
Question 2 – Date of Birth – Enter family member’s date of birth in mm/dd/yyyy format.
Question 3 – Country of Birth – Enter a family member’s country of birth.
Question 4 – Country of Citizenship or Nationality – Enter the family member’s country of citizenship. If a family member has citizenship in more than one country, list all countries of citizenship.
Question 5 – U.S. Social Security Number (if any) – If a family member has a Social Security Number (SSN), enter it here. It is common for family members not to have a Social Security Number. If the family member does not have a Social Security Number, enter “N/A” or “None.”
A-Numbers are usually assigned when an immigrant petition or application for Adjustment of Status is filed, or if the person has previously been issued an immigrant visa.
An A-Number is also assigned to individuals placed in removal or deportation proceedings.
Some family members may have an Employment Authorization Document (EAD) that lists an A-Number that starts with a “1.” This number is not an A-Number. It is an EAD number and need not be listed here.
Question 7 – Date of Arrival (mm/dd/yyyy) – Enter the date on which a family member last entered the U.S. in the mm/dd/yyyy format. The date of your last arrival will be listed on the I-94. If your passport was stamped by CBP, you can find the date of entry on the stamp as well.
Question 8 – Form I-94 Arrival-Departure Number – Enter the I-94 number that is listed on your I-94 record.
If your Form I-94 cannot be obtained from the CBP website, you may file Form I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Record with USCIS.
Question 9 – Passport Number – If a family member used a passport to travel to the U.S. during their most recent entry, provide the passport number even if the passport has expired.
Question 10 – Travel Document Number – If a family member did not use a passport but a different document to travel to the U.S. (for example, Refugee Travel Document, Advance Parole) at the time of their most recent entry, enter the travel document number even if it has expired. If a family member used a passport, enter “Not applicable” in this field. Most applicants do not have travel documents.
Question 11.a – Country of Passport or Travel Document Issuance – enter the country that issued the family member’s passport or travel document.
Question 11.b – Passport or Travel Document Expiration Date (mm/dd/yyyy) – enter the expiration date of the passport or travel document the family member used to enter the U.S.
Question 12.a. – Current Nonimmigrant Status – Enter family member’s current nonimmigrant status. This information is listed on their most recently issued I-94.
Question 12.b. – Expiration date (mm/dd/yyyy) – Enter the expiration date of a family member’s current nonimmigrant status. If a family member has been issued an I-94 listing the expiration date of their status as “D/S” for “Duration of Status” (for example if they are currently in F-2 or J-2 nonimmigrant status), then “N/A” should be entered in response to Question 12.b.
Provide your current passport information
This section must be completed only if you have obtained a new passport since your most recent entry to the U.S. If passport information is the same, enter “SAME” in Question 13.a.
Question 13.a. – Passport Number – Enter the information for the family member’s current passport. Each applicant is required to have a valid passport.
Question 13.b. – Country of Passport Issuance – enter the country that issued a family member’s passport.
Question 13.c. – Passport Expiration Date (mm/dd/yyyy) – enter the expiration date of the family member’s current passport.
Question 14 – USCIS Online Account (if any) – If a family member has ever created an USCIS Online Account Number, enter it here.
If a family member has previously filed certain applications or petitions on a paper form, they may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number.
The USCIS Online Account Number (if any) can be found at the top of the notices for the previously filed petition or application.
The USCIS Online Account Number is NOT the same as an A-Number.
If a family member doesn’t know or doesn’t have an USCIS online account number, leave this field blank.
Part 3. Applicant’s Statement, Contact Information, Declaration, Certification and Signature
Question 1.a. – If a family member can comfortably read and understand the application in English, then check the box in Question 1.a.
The family member should carefully review the entire application for accuracy prior to signing.
Question 1.b. – If a family member is not proficient enough in reading English, then a competent interpreter needs to read through the application with the family member for accuracy review prior to signing. The interpreter need not be a professional interpreter but should be someone that is able to properly interpret the application. In such a case, the box in Question 1.b should be checked and the language used to interpret the application to the applicant should be entered (for example, Spanish, French, etc.)
Question 2 – The box for Question 2 should be checked if anyone has prepared the application at the family member’s request. If a preparer was used to prepare the application, Part 5 must be completed too.
Applicant’s Contact Information
Questions 3, 4, and 5 – Enter family member’s daytime telephone number, cell phone number (if any), and email address (if any).
Question 6.a. Applicant’s Signature – a family member must sign the form. It must be an ink signature. USCIS does not accept stamped or typed signatures.
Question 6.b. – enter the date in mm/dd/yyyy format.
Part 4. Interpreter’s Contact Information, Statement, Certification, and Signature
If an interpreter was used to read a family member the application in their native language, then Part 4 must be completed with the information about the interpreter.
The interpreter must sign and date to certify that they are:
- Fluent in English and the language the applicant used;
- They have completely read the application to the applicant in that language;
- The applicant confirmed to understand the contents of the application; and
- The applicant verified the accuracy of the application.
Part 4 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the application to the applicant. The interpreter must then sign and date the application where indicated at Questions 7.a. and 7.b. on Page 3 of the application.
Part 5 – Contact Information, Declaration, and Signature, and of Person Preparing Form, If Other Than the Applicant
Part 5 is completed by entering the preparer’s full name, organization name (if applicable), mailing address, daytime telephone number, fax number (if any), and email address (if any).
The box at Question 7.b should be checked if an attorney has prepared the application.
The preparer must sign and date the application where indicated in Questions 8.a. and 8.b. attesting to certifications about the preparation and accuracy of the application.
Part 6. Additional Information
This section can be used if there is not enough space in any other parts of the form to provide all requested information.
Note: Even if no information is provided in Part 6, this page should still be included with the application when submitted to USCIS.
If you need additional space, make copies of this page to use to provide all requested information.
If you are using Part 6 to provide additional information, enter:
- Applicant’s name
- Alien Registration Number (A-Number) (if any)
- Indicate the Page Number, Part Number, and Item Number to which the answer refers.