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
- 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.
- 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.
- 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.
- 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.