Introduction to Form I-539A
Form I-539A is a supplemental form used by dependents of nonimmigrant visa holders to apply for a visa or extension of stay in the United States. The form is used to provide biographic and biometric information about the dependent, which is then used to conduct background checks and verify the dependent's identity.
The I-539A form is typically filed in conjunction with Form I-539, which is the primary application for a nonimmigrant visa or extension of stay. Dependents who are eligible to file Form I-539A include spouses, unmarried children under the age of 21, and unmarried children over the age of 21 who are unable to support themselves due to a mental or physical disability.
Eligibility Requirements for Dependents
To be eligible to file Form I-539A, the dependent must be a spouse, unmarried child under the age of 21, or unmarried child over the age of 21 who is unable to support themselves due to a mental or physical disability. The dependent must also be accompanying or following to join the principal nonimmigrant visa holder, who must have a valid nonimmigrant visa or be eligible for an extension of stay.
The dependent must also meet certain health and vaccination requirements, as well as pass a background check. The dependent must also provide documentation to support their relationship to the principal nonimmigrant visa holder, such as a birth or marriage certificate.
Required Documents for Form I-539A
To file Form I-539A, the dependent must provide certain documents, including a valid passport, a copy of the principal nonimmigrant visa holder's I-94 form, and documentation to support their relationship to the principal nonimmigrant visa holder. The dependent must also provide proof of financial support, such as a bank statement or letter from the principal nonimmigrant visa holder.
The dependent must also provide biometric data, including fingerprints, as part of the application process. The biometric data is used to conduct background checks and verify the dependent's identity. The dependent may also be required to attend an interview at a US embassy or consulate as part of the application process.
Filing Instructions for Form I-539A
To file Form I-539A, the dependent must submit the completed form, along with all required documents, to US Citizenship and Immigration Services (USCIS). The form can be filed online or by mail, and the dependent must pay the required filing fee. The dependent must also sign the form in the presence of a notary public, if filing by mail.
Once the form is filed, USCIS will review the application and conduct background checks on the dependent. The dependent may be required to attend an interview at a USCIS office as part of the application process. If the application is approved, the dependent will be issued a visa or extension of stay, which will allow them to enter or remain in the United States.
Common Issues and Delays in Form I-539A Processing
There are several common issues and delays that can occur during the Form I-539A processing period, including incomplete or inaccurate applications, missing documentation, and background check delays. The dependent can check the status of their application online or by contacting USCIS directly.
If the application is denied, the dependent may be able to appeal the decision or reapply for a visa or extension of stay. The dependent should consult with an immigration attorney to determine the best course of action and to ensure that their rights are protected throughout the application process.
Frequently Asked Questions
What is the purpose of Form I-539A?
Form I-539A is used by dependents of nonimmigrant visa holders to apply for a visa or extension of stay in the United States.
Who is eligible to file Form I-539A?
Spouses, unmarried children under 21, and unmarried children over 21 who are unable to support themselves due to a mental or physical disability are eligible to file Form I-539A.
What documents are required to file Form I-539A?
A valid passport, copy of the principal nonimmigrant visa holder's I-94 form, and documentation to support the relationship to the principal nonimmigrant visa holder are required.
How long does it take to process Form I-539A?
The processing time for Form I-539A varies, but it can take several months to a year or more to receive a decision.
Can I appeal a denied Form I-539A application?
Yes, you can appeal a denied Form I-539A application, but you should consult with an immigration attorney to determine the best course of action.
Do I need to attend an interview for Form I-539A?
You may be required to attend an interview at a USCIS office or US embassy or consulate as part of the Form I-539A application process.