Certain USCIS forms can be filed online through USCIS website. Some people prefer to file forms online, as they receive an instant notification that their petition was received, and in some cases the forms that are filed online seem to be processed faster. This blog post will discuss some of the USCIS forms that can be filed online.
I-539 form to Change/Extend your non-immigrant status
You can file Form I-539 online if you want to change or extend your status in the U.S. under certain non-immigrant categories. Please note that if you decide to file the I-539 Form online, you cannot be represented by an attorney (if you wish to be represented by an attorney, the attorney will need to file a paper form of the I-539 form).
What categories of applicants are eligible to file the I-539 form online?
Not everyone will be able to file the I-539 form online.
For example, the following categories would be able to file their change or extension of status petition online (please note that there are other categories that are eligible to file online and you should check the USCIS website to explore all the categories).
- B-1 Business visitor
- B-2 tourist
- Spouses or children of E-1 visa holder, E-2 visa holder, or E-3 visa holder
- F-1 students, or F-2 dependents
- Spouses or children of H-1b workers
- L-2 spouses
- O-3 spouses
- TD spouses
Example
You entered the U.S. on June 1, 2022 as a B-2 visitor and your status expires on December 1, 2022. A couple of days before your I94 expiration you realize that your I94 is expiring and you have already scheduled additional trips of places you want to visit in the US in the next 3 months. You prefer online filing given the tight deadline and you are wondering if you are able to file the extension of status petition online.
The answer is yes. You are able to file either the paper or online version of the I-539. Some people prefer to file online, especially if their status is expiring in a day or two and they may not have time to file the paper petition with USCIS. They like that they get an instant confirmation that the petition was received and they can pay the filing fee online as well. One thing that can affect your decision is whether or not you would like an attorney to represent you in the filing – an attorney will only be able to file the paper I539, and will not be able to file the online version.
Additionally, when filing the I-539 online, you can only file the I-539 petition for yourself (it’s not possible to file one petition for you and your co-applicants (family members) if doing online filing – for example if multiple family members are applying for a change of status online, each family member will need to file Form I-539 online separately and pay the filing fee. If they wish to apply together on Form I539 and I539A and just pay one filing fee, they would need to do so through the paper filings).
As mentioned above, if you would like an attorney to assist you and file the petition for you, the attorney will need to file the paper version of the I-539 as attorneys are currently not able to file the I-539s online (USCIS mentioned in the past this is something they will work on in the future, but at the time of writing this blog post, this was not an option).
Additional forms you can file online
There are additional forms you can file online such as for example:
- N-400 Naturalization Petition
- I-90: Petition to Replace green card (we recently filed an I-90 online and it was approved in about 3 days)
- I-130 Petition for certain family members
- FOIA Request
- I-765 Form (only certain categories of applicants can file online)
- N-600: Application for Certificate of Citizenship
With some forms, we have seen that it’s significantly faster to file them online (such as for example the N-400 naturalization forms and I-90 forms), so in some cases it may speed up the processing if you file online. For these forms, you can have an attorney file them on your behalf.
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