You should apply as soon as you determine that you need to change to or extend your V nonimmigrant status, preferably 45 days in advance. You must apply to change your nonimmigrant category before your current nonimmigrant stay expires, as per the date in your Form I-94, Arrival/Departure Record, that you received when you legally entered the U.S.
If you are late filing for a change/extension of nonimmigrant status and your current status has already expired, you must prove that:
- The delay was due to extraordinary circumstances beyond your control;
- The length of the delay was reasonable;
- You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
- You are still a nonimmigrant (This means that you are not trying to become a permanent resident of the United States. There are some exceptions); and
- You are not in formal proceedings to be removed (deported) from the country.
Persons in V status who have been in the U.S. illegally for more than 180 days are exempt from the 3 or 10 years’ ban to admission if they leave the U.S. Exemption is only for V nonimmigrant status and not for obtaining immigrant status.
Applicants must be admissible to the U.S., except where the grounds of inadmissibility do not apply or have been waived. The grounds of inadmissibility that do not apply are INA sections:
- (212)(a)(6)(A) – Aliens present without admission or parole;
- (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 barred from doing so.
It is possible to extend V-2 and V-3 status for children who are over 21 years old or older as long as they meet the requirements of extension of status in every other way. Again, it is only possible for an extension and not for initial V-2 or V-3 status/visa.
Documents
- Fee payment
- Form I-539, Application to Extend/Change Nonimmigrant Status:
You may include your unmarried children under age 21 years as co-applicants in your application for the same extension or change of status, if everyone is now in the same status or all are in derivative status.
Check box “b” in Part 2, and indicate “V” in the provided space;
The applicant should use information from the qualifying Form I-130 for his/her response to Part 3, Question 4 of Form I-539. - Copy of Form I-94, Arrival/Departure Record
If you cannot submit a copy of I-94, include a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Document, with the required passport.
- Maintain valid passport.
If you were required to have a passport to be admitted into the U.S., you must maintain the validity of your passport during your nonimmigrant stay. If a required passport is not valid when you file the Form I-539 application, submit an explanation with your form.
- I-765, Application for Employment Authorization (Work Permit). Optional. Submit it if you would like employment authorization.
I-765 should be mailed to same location where I-539 is being mailed, as provided below.
- I-693, Medical Examination, without the vaccination supplement
Required only for initial change to V status. Not required for extension of V status.
- Additional Initial Evidence
Proof of filing of the immigrant petition that qualifies the alien for V status, and if necessary, proof of filing of Form I-485 (Adjustment of 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 USCIS office.
If the alien does not have such proof, USCIS will review other forms of evidence, such as correspondence to or from USCIS regarding a pending petition.
If the alien does not have any of the above items but believes he/she is eligible for V nonimmigrant status, he/she should state where and when the petition was filed, the name and alien number of the petitioner, and the names of all beneficiaries.
It is not required to submit Form I-134, Affidavit of Support. However, USCIS may later require that it should be submitted.
Fee Payment
Application fee: Application fee must be sent with the application for change to or extend V status.
Biometric fee: If you are between the ages of 14 and 79 years, you need to pay the biometric services fee for USCIS to take your fingerprints. Applicants for an extension of V status do NOT need to pay the biometric fee, just the application fee.
Fee details
Fingerprints
After receiving the proper application, the applicant will be scheduled for fingerprinting at an Application Support Center (ASC).
