Supplement A To Form I-539 - Uscis

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Instructions for Supplement A to Form I-539
USCIS
Form I-539
Department of Homeland Security
OMB No. 1615-0003
U.S. Citizenship and Immigration Services
Expires 04/30/2018
What Is the Purpose of This Form?
Use Supplement A if you are physically in the United States and are applying to U.S. Citizenship and Immigration
Services (USCIS) for V nonimmigrant status. Supplement A is part of Form I-539. Follow these instructions and the
instructions in Form I-539, and complete Form I-539 and Supplement A. If you are not applying for V nonimmigrant
status, you do not need to use this Supplement.
NOTE: If you are filing Supplement A with Form I-539, you do not necessarily have to be in valid nonimmigrant status
to obtain V nonimmigrant status in the United States. See Who Is Eligible for V Nonimmigrant Status below.
Who Is Eligible for V Nonimmigrant Status?
To be eligible for V nonimmigrant status, you must be the spouse or child of a lawful permanent resident and be the
beneficiary of a properly filed Form I-130, Petition for Alien Relative, filed on or before December 21, 2000. In addition,
Form I-130 must have been filed 3 or more years prior to the date of filing Supplement A to Form I-539, and be:
1.
Still pending; or
2.
Approved, and your beneficiary must either:
Wait for an immigrant visa number to become available; or
A.
B.
If the visa number is immediately available, you must have pending an application for adjustment of status or an
application for an immigrant visa.
In addition, you must be admissible to the United States, except where the grounds of inadmissibility do not apply or have
been waived. The grounds of inadmissibility that do not apply are INA sections:
1.
212(a)(6)(A) -- Aliens present without admission or parole;
2.
212(a)(7) -- Aliens without valid passports, visas, or other entry documents; and
212(a)(9)(B) -- Aliens who were unlawfully present for more than 180 days, then departed, and seek admission while
3.
barred from doing so.
Additional Instructions
Select Item Number 2.a. in Part 2, Application Type of Form I-539, and indicate "V" in Item Number 2.b.
1.
Use information from the qualifying Form I-130 for your response to Part 3, Item Number 3.a. of Form I-539.
2.
Additional Evidence Requirements
In addition to the General Filing Instructions and Initial Evidence required by the Form I-539 instructions, you must submit:
Form I-693, Report of Medical Examination and Vaccination Record, without the vaccination supplement; and
1.
Proof of filing of the immigrant petition that qualifies you for V nonimmigrant status, and if necessary, proof of filing
2.
of Form I-485, Application to Register Permanent Residence or Adjust Status. Proof of filing may be in the form of
Form I-797, Notice of Action, that serves as a receipt or as a notice of approval, or a receipt for a filed Form I-130 or
Form I-485, or notice of approval issued by a local district/field office.
If you do not have such proof, USCIS will review other forms of evidence, such as correspondence to or from USCIS
regarding a pending petition.
If you do not have any of the above items, but believe you are eligible for V nonimmigrant status, you must state
where and when the petition was filed, the name and alien registration number of the petitioner, and the names of all
beneficiaries.
Form I-539 Supplement A Instructions 12/23/16 N
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