How to Sign Form I-539A for a Child Under 14 in an Extension Application
This article addresses how to sign Form I-539A when a child under 14 applies for an extension of status. It explains that a parent or legal guardian must sign the applicant section on the child's behalf and may not leave it blank, offers suggestions on the interpreter and preparer sections, and cites USCIS form instructions stating that an unsigned or invalidly signed application will be rejected.
Today a reader asked: "I am filling out I-539A for my son (5 years old). Should the preparer & interpreter sections contain my information? Or is it assumed that a parent signs on behalf of a minor, so these two sections should be left blank?"
For a child under 14 applying for an extension or change of status, the I-539/I-539A forms must be signed by a parent (or legal guardian) on the child's behalf (they cannot be left blank), as stated in the USCIS I-539 filing instructions:
If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf. A legal guardian may also sign for a mentally incompetent person. If your application is not signed, or if the signature is not valid, we will reject your application.
One attorney suggests that next to the signature, one may note "parent signing on behalf of my child" — indicating that a parent is signing on the child's behalf.
There are three signature sections:
- Applicant – The applicant section: cannot be left blank; a parent signs on behalf of the child.
- Interpreter – The interpreter section: a young child lacks legal capacity, and the parent does not need to interpret for the child; in my opinion, it does not need to be filled out.
- Preparer – The preparer section: if a parent fills out the form on behalf of the child, it is recommended to complete the preparer section and sign.
Refer to the answers from the second attorney here and the second attorney here.
