What is Form I-360?
Form I-360, also known as the “Petition for Amerasian, Widow(er), or Special Immigrant,” is an immigration form used by certain foreign nationals to apply for special immigrant status in the United States. This form is typically filed by individuals who fall under specific categories that grant them eligibility for this type of immigration status.
The categories eligible to apply for immigration benefits using Form I-360 include:
- Amerasian Immigrants: This category pertains to individuals who are the children of U.S. citizens and nationals from certain countries in Asia, including Vietnam, Cambodia, Laos, Thailand, and South Korea. The Amerasian Homecoming Act of 1987 allowed these individuals to apply for immigration benefits.
- Widow(er)s of U.S. Citizens: This category is for foreign nationals who were married to U.S. citizens at the time of the citizen spouse’s death. To be eligible, the marriage must have been legally valid and ongoing until the citizen spouse’s death.
- Violence Against Women Act (VAWA) applicants: certain abused self-petitioning spouses, children of U.S. citizen and green card holders, and abused self-petitioning parents of U.S. citizens are eligible to apply for immigration benefits under VAWA. The primary purpose of filing Form I-360 under VAWA is to seek approval for “self-petitioning.” This means that the victim of abuse can independently file the petition for special immigrant status, without requiring sponsorship or involvement from the abusive family member.
- Special Immigrant Juveniles: This category is designed for foreign children who have been abused, neglected, or abandoned by one or both of their parents, and for whom it is not in their best interest to be returned to their home country. These individuals may be eligible for special immigrant status and potential pathways to lawful permanent residence (green card).
- Religious Workers: Certain religious workers, such as ministers, religious professionals, and other workers in religious occupations or vocations, can apply for special immigrant status if they meet specific requirements.
- Certain International Organization Employees: Individuals who have worked for certain international organizations (such as NATO) and their immediate family members may be eligible to apply for special immigrant status.
- Armed Forces Members: Non-U.S. citizens who served honorably in the U.S. armed forces for at least 12 years may be eligible to apply for special immigrant status.
- Physicians licensed and practicing medicine in a U.S. state as of 01/09/1978;
- Panama Canal company employee, Canal Zone government employee, or U.S. government in the Canal Zone employee;
- Afghan or Iraqi nationals who worked for or on behalf of the U.S. government.
Form I-360 is submitted to the U.S. Citizenship and Immigration Services (USCIS) as part of the application process. If approved, this petition can lead to the issuance of an immigrant visa or adjustment of status, granting the individual lawful permanent residence (green card) in the United States.
How to fill out Form I-360?
Filling out Form I-360 correctly is important to ensure that your application is processed smoothly. The form can be complex, so it’s advisable to carefully read the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) and consider seeking legal advice if you’re unsure about any aspect of the form. Here’s a general overview of the process:
- Download the Form: Download the most recent version of Form I-360 from the USCIS website. Make sure you’re using the correct version to avoid processing delays.
- Read the Instructions: Carefully read the instructions that come with the form. These instructions will guide you through each section of the form and provide important information about eligibility, required documentation, and submission.
- Gather Supporting Documents: Review the list of required supporting documents for your specific category and gather them before you start filling out the form. These documents typically include evidence of your eligibility, such as birth certificates, marriage certificates, court orders, employment records, and other relevant paperwork.
- Provide Biographical Information: Complete the biographical information section, including your full name, address, date of birth, country of birth, and other personal details.
- Choose the Appropriate Category: Indicate the category under which you are filing the Form I-360 (e.g., Amerasian, widow(er), special immigrant juvenile, etc.).
- Provide Additional Information: Depending on your category, you’ll need to provide specific information. For example, if you’re applying as a special immigrant juvenile, you’ll need to explain your circumstances and provide details about the court order declaring you dependent on the court due to abuse, neglect, or abandonment.
- Include Required Evidence: Attach all required supporting documents as outlined in the instructions. Make sure you provide clear and legible copies of these documents.
- Sign and Date: Sign and date the form where indicated. If you’re under 14 years old, a parent or guardian can sign on your behalf.
- Pay the Fee: Pay the required filing fee as specified in the instructions. Some categories, such as special immigrant juveniles, may be exempt from the fee.
- Mail the Form: Review the mailing instructions provided in the USCIS form instructions. Mail the completed form, along with all supporting documents and the appropriate fee payment (if applicable), to the address provided.
- Wait for USCIS Response: After submitting the form, you will receive a receipt notice from USCIS acknowledging the receipt of your application. USCIS will review your application and supporting documents. If further information is needed, they may request it through a Request for Evidence (RFE). If approved, you will receive notification about your special immigrant status.
Form I-360 filing fee
The filing fee for Form I-360 varies depending on the category under which you are applying. It’s important to note that USCIS fees can change over time, so I recommend checking the official USCIS website or the latest version of the Form I-360 instructions for the most up-to-date information on filing fees. Below you can find the common Form I-360 categories and their corresponding filing fees:
- Amerasian Immigrants: $0
- Widow(er)s of U.S. Citizens: $435
- Violence Against Women Act (VAWA) applicants: $0
- Special Immigrant Juveniles: $0
- Religious Workers: $435.
- Certain International Organization Employees: $435
- Armed Forces Members: $435
- Physicians: $435
- Panama Canal company employee, Canal Zone government employee, or U.S. government in the Canal Zone employee: $435
- Iraqi and Afghan nationals who worked for or on behalf of the U.S. government: $0
Form I-360 checklist of required documents
The specific required documents for Form I-360 can vary depending on the category under which you are applying. Different categories have different eligibility criteria and documentation requirements. Below is a general checklist of common documents that may be required for various categories. However, please keep in mind that this is not an exhaustive list, and you should refer to the most up-to-date Form I-360 instructions for your specific category.
Amerasian Immigrants:
- Birth certificate showing your relationship to the U.S. citizen parent.
- Evidence of the U.S. citizen parent’s U.S. citizenship or nationality.
- Other documents establishing your eligibility based on the specific category requirements.
Widow(er)s of U.S. Citizens:
- Marriage certificate showing your legal marriage to the U.S. citizen spouse.
- Death certificate of the U.S. citizen spouse.
- Evidence that your marriage was ongoing and valid at the time of your spouse’s death.
- Proof of any prior marriages or divorces.
Violence Against Women Act (VAWA):
- Passport-style photographs (as per USCIS specifications) for you and any eligible family members included in your petition
- A copy of your government-issued photo identification, such as a passport, driver’s license, or national ID card
- Detailed personal statement or affidavit describing the abuse suffered, the relationship with the abuser, and the circumstances surrounding the abuse.
- Police reports, court records, or protective orders related to the abuse.
- Medical records documenting injuries resulting from the abuse.
- Documentation of any counseling or therapy related to the abuse.
- Proof of the qualifying relationship between you and the abuser (e.g., marriage certificate, birth certificate, etc.).
- Documents showing cohabitation or shared financial responsibilities.
- Evidence that the abuser is a U.S. citizen or lawful permanent resident (e.g., birth certificate, passport, green card, etc.).
- Police clearance certificates or records.
- Court records related to criminal history.
- Documentation for any eligible dependent family members included in your petition.
- Proof of Relationship to Dependent Family Members (Birth certificates, marriage certificates, or adoption decrees as applicable)
Special Immigrant Juveniles:
- Court order or custody determination from a juvenile court declaring you dependent on the court due to abuse, neglect, or abandonment.
- Proof that reunification with one or both parents is not in your best interest.
- Other documents related to your age, immigration status, and the court process.
Religious Workers:
- Proof of employment by a qualifying religious organization for at least two years.
- Evidence of your religious occupation or vocation.
- Documents demonstrating your qualifications for the religious worker category.
Certain International Organization Employees:
- Proof of employment by a qualifying international organization for at least 15 years.
- Evidence of the organization’s status as a qualifying international organization.
- Documents demonstrating your role and employment with the organization.
Armed Forces Members:
- Proof of honorable service in the U.S. armed forces for at least 12 years.
- Military records or documents substantiating your service.
- Other documentation required to establish your eligibility.
Afghanistan or Iraq Nationals Supporting the U.S. Armed Forces as a Translator:
- A copy of your passport or birth certificate showing you are a national of Afghanistan or Iraq;
- A favorable written recommendation from the Chief of Mission or a general or flag officer in the U.S. armed forces unit that you supported;
- Evidence you worked directly with the U.S. armed forces or under Chief of Mission authority as a translator or interpreter for a period of at least 12 months;
- Evidence that you cleared any required background checks as determined by the Chief of Mission or the general or flag officer in the U.S. armed forces unit that you supported
Iraq Nationals Who Were Employed by or on Behalf of the U.S. Government in Iraq:
- A copy of your passport, birth certificate, or national identification card showing that you are a national of Iraq. If the document is in a foreign language, you must provide a certified English translation;
- A positive recommendation from your senior supervisor or the person currently occupying that position (or a more senior person if your senior supervisor has left the employer or has left Iraq) confirming employment of at least 1 year between March 20, 2003, and Sept. 30, 2013;
- Proof the Chief of Mission or their designee conducted a risk assessment;
- A copy of your Chief of Mission’s approval;
- A copy of the front and back of your Form I-94, Arrival/Departure Record, if you are physically present in the United States
Afghan Nationals Who Were Employed by or on Behalf of the U.S. Government, the International Security Assistance Force (ISAF), or Successor Mission in Afghanistan:
- A copy of your passport, birth certificate, or national identification card showing that you are a national of Afghanistan;
- A positive recommendation from your senior supervisor or the person currently occupying that position (or a more senior person if your senior supervisor has left the employer or has left Afghanistan) confirming employment of at least 1 year between Oct. 7, 2001, and Dec. 31, 2023;
- A copy of your Chief of Mission’s approval;
- A copy of the front and back of your Form I-94, Arrival/Departure Record, if you are physically present in the United States
In addition to these category-specific documents, you will generally need to include:
- Passport-style photographs (as per USCIS specifications).
- Filing fee payment (unless exempt based on the category).
- Form G-28, if you are represented by an attorney or accredited representative.
Form I-360 processing time
The processing time for Form I-360, like any other immigration application, can vary significantly depending on several factors, including the category under which you are applying, the USCIS service center handling your case, the volume of applications being processed, and the U.S. Visa Bulletin schedule (if applicable to your category).
Below you will find approximate processing times for different Form I-360 applications:
- Violence Against Women Act (VAWA): 35 months
- Religious workers: 8.5 months
- Afghani or Iraqi translators and Afghani or Iraqi nationals who worked for or on behalf of the U.S. government: 6 months
- All other I-360 applicants:
- California Service Center: 7.5 months
- Nebraska Service Center: 15.5 months
- Vermont Service Center: 32.5 months
Keep in mind that some Form I-360 applicants will need to first wait until their priority date becomes current before they can actually apply for a green card (if in the US) or immigrant visa (if abroad).
The following applicants are eligible to apply for permanent residency only 5 years after Form I-360 is filed:
- Religious workers;
- Special Immigrant Juveniles;
- Certain broadcasters;
- Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members;
- Certain employees of the U.S. government who are abroad and their family members;
- Members of the U.S. armed forces;
- Panama Canal company or Canal Zone government employees;
- Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978.
To determine whether your Form I-360 priority date is current, check the most recent U.S. Department of State Visa Bulletin.
How to check USCIS estimated processing time
USCIS provides an online tool called the “Check Case Processing Times” page on their official website where you can check the estimated processing time for Form I-360 based on the specific service center and type of application. This tool provides an approximation of how long it might take for USCIS to process cases in various categories, but keep in mind that these are just estimates and actual processing times can vary.
To check the most up-to-date processing times for Form I-360, follow these steps:
- Visit the USCIS Case Processing Times page: https://egov.uscis.gov/processing-times/
- Select “I-360” from the dropdown menu labeled “Form.”
- Choose the service center that is processing your case. This could be a specific USCIS office that corresponds to your location or category.
- Click the “Get Processing Time” button.
The page will then display an estimated range of processing times for Form I-360 at the selected service center. It’s important to regularly check this page, as processing times can change over time due to various factors.
If your case is taking longer than the estimated processing time, you can consider reaching out to USCIS for an update, especially if you believe there might be a delay or issue with your application.
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