Blog by Pasricha & Patel, LLC

USCIS Reminds Applicants that Certain Nonimmigrants can File Form I-539 Extension of Stay Online

Categories: Attorneys , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates


Pasricha & Patel Takeaways:
USCIS is reminding users that certain nonimmigrants may be eligible to file form I-539 online.  This benefit is suitable for applicants who are:

  1. Applying as a single applicant (without any co-applicants, or legal or accredited representation);
  2. Extending their stay and holding the status as a:
  • B-1 temporary visitor for business;
  • B-2 temporary visitor for pleasure;
  • F-1 academic student with a specific status expiration date;
  • F-2 spouse or child of an academic student with a specific expiration date;
  • M-1 vocational student, or
  • M-2 spouse or child of an M-1 student

(note: USCIS also clarifies that if the applicant is here in the U.S. on F-2 or M-2 nonimmigrant status and want to extend his/her stay, make sure to compare the expiration date of his/her status with their spouse or parent’s F-1 or M-1 status. If the expiration dates on both are different, then the F-2/M-2 applicant may e-file the form I-539 online as an individual. But if the expiration dates are the same, then they would have to file as a co-applicant by using the paper form I-539 application).

USCIS is touting the benefits of e-filing by explaining that it means the application would reach the USCIS faster than mail delivery, and it also facilitates direct communication between the applicant and the USCIS without the hassle of sending paper mail to the USCIS.

E-filing also lets the applicant to use a computer, phone, or tablet instead of paper. It also allows the applicant to track when the USCIS receives the application, and the applicant can also register to receive online updates on the pending application.

Currently, aside from the form I-539, the USCIS also allows e-filing of forms AR-11 change of address; I-90 application to replace permanent resident card; I-131A application for travel document (carrier documentation); N-336 request for hearing on a decision in naturalization proceedings; form N-400 application for naturalization; N-565 application for replacement naturalization/citizenship document; N-600 application for certificate of citizenship; and N-600K application for citizenship and issuance of certificate under Section 322.

Please note that as we will update our readers as the USCIS continues to add more of its forms to the e-filing option, and we suggest our readers to remember to check back at this site regularly for such developments. And should the reader have any questions about these filing processes and requirements, we strongly encourage our readers to contact our office to set up legal consultation with us.