Instructions For Supplement A To Form I-539 printable pdf download

OMB No. 1615-0004; Exp. 08/31/08

Instructions for Supplement A to Form I-539,

Department of Homeland Security

(Filing Instructions for V Nonimmigrant Status)

U.S. Citizenship and Immigration Services

Instructions

Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a

separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper

and indicate the part and number of the item to which the answer refers.

2. 212(a)(7) -- Aliens without valid passports, visas, or other

What Is the Purpose of This Form?

entry documents; and

3. 212(a)(9)(B) -- Aliens who were unlawfully present for

This form contains additional instructions for Form I-539,

more than 180 days, then departed, and seek admission

Application to Extend/Change Nonimmigrant Status, for

while barred from doing so.

aliens physically in the United States who are applying to the

U.S. Citizenship and Immigration Services (USCIS) for V

nonimmigrant status. If you are not applying to obtain V

General Instructions.

nonimmigrant status, you do not need to use this form.

Aliens who are applying for V nonimmigrant status should

Step 1. Fill Out the Form I-539

complete Form I-539, and follow the instructions contained in

this Supplement A to Form I-539 as well as those contained

1. Type or print legibly in black ink.

in Form I-539.

2. If extra space is needed to complete any item, attach a

NOTE: Aliens who are using this form in conjunction with

continuation sheet, indicate the item number, and date and

the Form I-539 do not necessarily have to be in a valid

sign each sheet.

nonimmigrant status to obtain V nonimmigrant status in the

3. Answer all questions fully and accurately. State that an

United States. See "Who Is Eligible for V Nonimmigrant

item is not applicable with "N/A." If the answer is none,

Status?" below.

write "none."

Additional Instruction For Completing Form I-539

Who May File This Form I-539A?

1. The applicant should check box "b" in Part 2 of Form

I-539, and indicate "V" in the provided space;

Who Is Eligible for V Nonimmigrant Status?

2. The applicant should use information from the qualifying

To be eligible for V nonimmigrant status, an alien must be the

Form I-130 for his or her response to Part 3, Question 4 of

spouse or child of a lawful permanent resident and be the

Form I-539.

beneficiary of a properly filed Form I-130, Petition for Alien

Relative, filed on or before December 21, 2000. In addition,

Step 2. General requirements

the Form I-130 must have been filed three or more years prior

In addition, the following must be submitted:

to the date of filing Supplement A to Form I-539, and be:

1. Still pending; or

1. Form I-693, Medical Examination of Aliens Seeking

Adjustment of Status, without the vaccination supplement;

2. Approved, and the alien beneficiary must either:

and

A. Be waiting for an immigrant visa number to become

2. Additional Initial Evidence. An alien applying for V

available; or

status with USCIS should submit proof of filing of the

immigrant petition that qualifies the alien for Vstatus, and

B. If the visa number is immediately available, the alien

if necessary, proof of filing of the Form I-485, Application

must have pending an application for adjustment of

to Register Permanent Residence or Adjust Status. Proof

status or an application for an immigrant visa.

of filing may be in the form of Form I-797, Notice of

In addition, applicants must be admissible to the United

Action, that serves as a receipt or as a notice of approval, or

States, except where the grounds of inadmissibility do not

a receipt for a filed Form I-130 or Form I-485, or notice of

apply or have been waived. The grounds of inadmissibility

approval issued by a local field office.

that do not apply are Immigration and Nationality Act (INA),

If the alien does not have such proof, USCIS will review

sections:

other forms of evidence, such as correspondence to or

1. 212(a)(6)(A) -- Aliens present without admission or parole;

from USCIS regarding a pending petition.

Form I-539, Supplement A, Instructions (Rev. 07/30/07)Y

Instructions For Supplement A To Form I-539

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