Administrative process · USCIS

Change or Extension of Status (I-539) in Orlando

Q: Can I include my spouse and children in the same request?

In many situations, yes, through the I-539 supplement for dependents who share the same category. We review each family member's status to correctly include everyone who is eligible.

Q: Can I work while the I-539 is under review?

The I-539 itself is not a work permit request. Authorization to work depends on a category that grants that right and, when applicable, on a separate request (EAD, Form I-765). Working without authorization can harm your status.

Q: Can I travel outside the U.S. during the process?

Leaving the country with a pending I-539 can be interpreted as abandonment of the request, depending on the category. Before any trip, talk to us to assess the risk in your specific case.

Someone in the United States on a temporary status (for example, a B-1/B-2 tourist, an F-1 student, or a dependent of another visa holder) who needs to stay longer or move into a different category can request an extension or change of status through Form I-539, filed with USCIS. It is an administrative legal request: even without a court, it is governed by federal immigration law (the INA and the CFR regulations), and the decision rests with USCIS based on the requirements you demonstrate. I-539 is the instrument used to request more time within the same status or to switch categories without having to leave the country and re-enter on a new visa.

Who it is for

The I-539 is usually the path for someone who is already lawfully in the country and wants to preserve that lawful standing. The most common situations in Orlando include:

A tourist who needs to extend their stay within their own B-1/B-2 status, for a legitimate and temporary reason
A person who wants to change from one category to another without leaving the U.S. (for example, from tourist to student), when the law allows
Dependents (spouse and children) of certain visa holders who need to extend or adjust their own linked status
Someone whose principal status was extended and who needs to align their family members' status with the new deadline

Whether it is feasible depends on your current category, how you entered the U.S., the expiration date recorded on your I-94, and whether you have maintained status until now. The same form serves very different situations, and what applies to one person may not apply to another: that is why analyzing your specific case is the first step.

How the process works, step by step

In general terms, a request to extend or change status through the I-539 follows these phases:

Checking your current status and the I-94 expiration date, to confirm that the request will be filed while your status is still valid
Defining the goal: extend the same status or change categories, and verifying that the new category allows a change within the country
Assembling the I-539 (with the supplement to include dependents, when applicable) and gathering the evidence of eligibility and of temporary intent
Filing with USCIS, paying the applicable fees and, when required, providing biometrics
Tracking progress, responding to any requests for evidence (RFE), and receiving the USCIS decision

Documents generally required

Valid passport and entry record (I-94)
Proof of current status and of the applicable expiration dates
Proof of the reason for the request (for example, a school acceptance letter for a change to student status, or a justification for extending as a tourist)
Proof of means of support during the intended stay
Documents for the dependents, when included in the same request

The request must be filed while your status is still valid, generally before the I-94 expires. Letting your status lapse can create unlawful presence, compromise the maintenance of status, and affect future options, including creating barriers to re-entry. Working or studying beyond what your status permits, or requesting the change too late, can also harm the case. In immigration, a deadline mistake carries real legal consequences; that is why the right representation matters.

What to expect during the process

Extension and change of status are processes that depend on waiting time and patience. After filing, USCIS issues a receipt notice and the case goes into review; the simple fact of having filed within the deadline, in many situations, helps preserve your position while the decision is pending, but this is not automatic and depends on the category. Questions commonly come up along the way: whether you can travel, whether you can start studying before approval, what to do if your current status expires before the answer. Each of these questions has an answer that changes depending on your case, and acting on your own in any of them can cost you your status. We prepare you for the tone of the request, for consistency between what is declared and what is proven, and for the possibility of an additional request for evidence, which is a normal step and does not mean denial. The idea is for you to understand each move before it happens, with no surprises.

How Without Borders handles your case

Without Borders is a nonprofit organization recognized by the United States Department of Justice. Your case is handled by a DOJ Accredited Representative, authorized to act in administrative processes before USCIS and DHS, and not by private attorneys. We start by confirming your status and the I-94 deadline, so we can act before any expiration; then we decide with you whether the best path is an extension or a change, assemble the I-539 with consistent documentation, and follow the request through to the decision, responding to any USCIS requirements. We serve you in Portuguese and English, in Orlando, with clear explanations at every step, so you keep your status current without any missteps.

Frequently Asked Questions

Can I change from tourist to student without leaving the United States?

Under certain conditions, yes, through a change of status with the I-539. You must have maintained tourist status, have been accepted by an approved school and, as a rule, not start studying before approval. We assess the feasibility and the deadlines in the consultation.

What if my status has already expired?

The situation changes and may involve unlawful presence and risks to your immigration history. In those cases, the I-539 may no longer be the appropriate path. Seek guidance as soon as possible to assess the alternatives for your specific case.

Can I include my spouse and children in the same request?

In many situations, yes, through the I-539 supplement for dependents who share the same category. We review each family member's status to correctly include everyone who is eligible.

Can I work while the I-539 is under review?

The I-539 itself is not a work permit request. Authorization to work depends on a category that grants that right and, when applicable, on a separate request (EAD, Form I-765). Working without authorization can harm your status.

Can I travel outside the U.S. during the process?

Leaving the country with a pending I-539 can be interpreted as abandonment of the request, depending on the category. Before any trip, talk to us to assess the risk in your specific case.

How long does the decision take?

The timeline varies depending on the category and the USCIS workload. In the consultation, we assess your case and explain a realistic outlook, without promising dates that are not up to us.

Related services

Let's keep your status current

Service in Portuguese and English, in Orlando, with a DOJ Accredited Representative.

Schedule a Consultation

Informational content about an immigration legal service. Without Borders Inc is a nonprofit organization recognized by the U.S. Department of Justice (DOJ). Representation is provided by a DOJ Accredited Representative, within the scope of their accreditation. This text does not replace an individual review of your case in a consultation.