Changing Visa Status (Form I-539)

When changing from one non-immigrant visa status to another, the applicant must file Form I-539.  An example of changing visa status is if someone has a B-1 visitor’s visa and desires to change his or her status to F-1 student visa.

Extended stay is permissible when the following conditions are met:

  • Lawful admission into the U.S. with a nonimmigrant visa
  • Visa status remains valid
  • No laws are broken, nor visa conditions violated
  • Passport is valid for duration of stay in the U.S.

Extended stay is not permissible when the individual has entered the U.S. under the following categories:

  • Visa Waiver Program
  • Crew Member, D visa
  • In transit through the U.S., C visa
  • In transit through the U.S. without a visa (TWOV)
  • Fiancé of a U.S. citizen or fiancé’s dependent, K visa
  • Informant on terrorism or organized crime and Informant’s family, S visa

Form I-539