What is the new requirement to enter the United States legally?

Starting October 1, 2024, the United States will implement a new requirement for those who wish to extend their stay or change their nonimmigrant status. This change, announced by the United States Citizenship and Immigration Services (USCIS), seeks to improve efficiency and security in the immigration process.

What is the new requirement to enter the United States about?

The new requirement consists of the presentation of Form I-539, the updated version of which is dated July 27, 2024. This document is used by foreigners who wish to extend their stay in the United States or change their nonimmigrant status.

From the mentioned date, any previous version of the form will be rejected, making it crucial that applicants use the correct version.

Who must file Form I-539?

• Some nonimmigrants who wish to extend their stay or change to some other nonimmigrant status.
• Residents of the Commonwealth of the Northern Mariana Islands (CMNI) applying for initial status.
• Nonimmigrants F and M who request reinstatement.
• Persons who wish to obtain V nonimmigrant status or an extension of stay as a V nonimmigrant.

Individuals who do not need to file Form I-539 to request an extension of stay or change of status must fall into the following classifications:

• E-1 main Commercial Treaty Traders and Employees of the E-1 Trade Treaty Traders.
• Investors by Commercial Agreement Principal E-2 and Employees of the Investors by Commercial Agreement E-2.
• CNMI E-2 Principal Investors.
• Australia’s E-3 Principal Specialized Professionals. (Family dependents of E principal nonimmigrants must file a Form I-529 to extend their stay or change their status unless they wish to change to a status indicated here. In this case, they may NOT use Form I-539.)
• No Inmigrantes H-1B, H-1B1, H-2A, H-2B y H-3.
• No Immigrants L-1
• O-1 and O-2 Nonimmigrants.
• No Inmigrantes P-1, P-2, P-3, P-1S, P-2S o P-3S.
• No Immigrants Q-1.
• R-1 Nonimmigrants.
• Non-Immigrants TN-1 and TN-2.

Nonimmigrants who must meet this requirement include tourists, students, temporary workers and other visitors who They do not intend to establish permanent residence in the country.

Procedure to submit the form

1. Download the updated version: Make sure you have the July 27, 2024 version of Form I-539 from the official USCIS website.
2. Complete the form: Fill out the document with the required information, ensuring that all data is accurate and complete.
3. Submit the application: Send the completed form along with the filing fee and any necessary supporting documentation to the address provided by USCIS.

Tips for a successful presentation

• Please verify that all information is correct before submitting the form.
• Include all required documentation to avoid delays in processing, It may include proof of financial solvency, letters of acceptance from educational institutions (in the case of students), and any other documentation that demonstrates the purpose and duration of the stay in the United States.
• If you have questions about the process, consider consulting with an immigration attorney.