Form I-539

Top Reasons USCIS Denies Form I-539 and How to Avoid or Fix a Denial

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If your Form I-539 (Application to Extend or Change Nonimmigrant Status) was denied by USCIS, you’re not alone. Thousands of applicants each year face denials for simple, avoidable mistakes but the good news is that many of these cases can be corrected, reopened, or successfully refiled with the right legal guidance.

Most Common I-539 Denial Reasons

1. Late Filing. Submitting your I-539 after your current visa status expires can lead to automatic denial unless you prove extraordinary circumstances caused the delay.
2. Insufficient Evidence. USCIS often denies applications missing essential documentation such as proof of finances, valid status, or ties to your home country.
3. Ineligible Change of Status. Some categories, like ESTA or Visa Waiver entrants, cannot change status in the US. Attempting to do so almost always results in denial.
4. Inconsistent Information. Discrepancies between your I-94, prior visa applications, or supporting documents can trigger suspicion and denial.
5. Intent Concerns. If USCIS doubts that you plan to maintain lawful, temporary status, your application especially B-2 to F-1 changes may be denied.

Can You Fix or Appeal an I-539 Denial?

Yes. A denial doesn’t have to end your stay in the US Depending on your situation, we may be able to help you to:

  • File a Motion to Reopen or Reconsider (MTR) if USCIS made an error or new evidence supports your case.
  • Refile a stronger I-539 application correcting prior issues.
  • Apply for a different visa or process at a US consulate abroad to restore legal status.

At The Messersmith Law Firm, we regularly help clients overturn I-539 denials, stop unlawful presence, and secure legal status again. Many come to us after receiving denials filed on their own or through other attorneys, and we’ve successfully salvaged their cases with detailed legal arguments and well prepared evidence.

Recent Success Stories

Tourist to Student Approval After Denial. A visitor from Brazil had her B-2 to F-1 change of status denied for lack of financial documentation. We helped her refile with updated bank evidence and school enrollment records. Her case was approved in just 45 days.

H-4 Extension Approved After MTR. An Indian spouse’s I-539 was denied for alleged late filing. We filed a motion to reopen with proof of timely delivery, and USCIS reversed its decision within six weeks.

F-1 to H-4 Change Restored. A student from South Korea was denied for inconsistent I-94 entries. We prepared a corrected application with a detailed legal explanation and it was approved in 30 days.

Get Legal Help After an I-539 Denial

Timing is critical after a denial. Acting quickly can prevent long-term immigration issues such as unlawful presence or reentry bars under INA §212(a)(9)(B). At The Messersmith Law Firm, we know how to respond strategically and turn a denial into an approval.

info@messersmithlaw.com | 305-515-0613
Same-Day Consultations Available Nationwide


I-539 Denied — What Happens Next and How to Fix It

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If your Form I-539 (Application to Extend or Change Nonimmigrant Status) was denied by USCIS, you may be wondering what happens next and whether you can stay in the United States. The good news is that a denial doesn’t always mean the end of your stay but timing is critical. Acting quickly with the right legal strategy can make all the difference between saving your status or facing serious immigration consequences.

What Happens After I-539 Denial

If your I-539 is denied and your previous visa status has already expired, your lawful status usually ends immediately and you begin accruing unlawful presence. That can trigger major consequences, including:

  • 3-year or 10-year reentry bars under INA §212(a)(9)(B)
  • Future visa denials or complications at the U.S. consulate
  • Possible removal (deportation) if you remain too long

However, you may still have legal options to stay in the US or fix your status if you act quickly and strategically.

What You Can Do Next

  1. File a Motion to Reopen or Reconsider (MTR). If USCIS made an error or overlooked key evidence, a Motion to Reopen can get your case reviewed again without leaving the country.
  2. Refile a Stronger I-539 Application. Sometimes the fastest way forward is to correct the mistakes and refile. Submitting new evidence, employer letters, or proof of financial stability can dramatically improve your approval chances.
  3. Apply for a Different Visa or Consular Process. If your situation has changed, you may be able to leave the US and reapply abroad for a different nonimmigrant visa.
  4. Request a Legal Review. We can evaluate whether your denial was improper and recommend the safest, most effective path forward.

Real Success Stories

Case 1: F-1 Student Reinstated After I-539 Denial

A student’s I-539 extension was denied because USCIS believed he failed to maintain continuous enrollment. We filed a Motion to Reopen and USCIS reopened and approved the case, restoring his F-1 status without leaving the US.

Case 2: B-2 Visitor Granted Change of Status to H-4 After Denial

A B-2 visitor’s I-539 to change status to H-4 was denied for insufficient marriage documentation. Our firm refiled a detailed application with strong proof of marriage. Within 45 days, USCIS approved the case, and she legally transitioned to H-4 status.

Don’t Wait — Timing Is Everything

Every day after an I-539 denial can affect your future visa eligibility. The sooner you act, the greater your chances of protecting your legal status. At Messersmith Law Firm, we’ve helped clients nationwide overturn I-539 denials, stop unlawful presence, and reestablish legal immigration status in the US. Call 305-515-0613 or email info@messersmithlaw.com today for a same-day consultation to review your denial and develop a winning strategy.