Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Last updated: November 9, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is a key document in US immigration law to enter or adjust status for certain individuals. This form is for specific groups: Amerasians, widows or widowers of US citizens, and special immigrants. This guide will walk you through the requirements, filing process and what to do after you file Form I-360 so you are informed and prepared for the immigration process.

What is Form I-360?

Form I-360 is a petition used by individuals for immigration benefits under several categories. The main groups that can file this form are:

1. Amerasians: Born in specific Asian countries between 1951 and 1975 and have proof of paternity by a US citizen.
2. Widows or Widowers: Spouse of a US citizen who has passed away and can apply for a green card.
3. Special Immigrants: This includes:

• Religious workers
• Juvenile dependents of the court
• Employees of international organizations
• Afghan or Iraqi nationals who assisted US forces
• Other special immigrants under the INA

Form I-360 is used to petition for an immigrant visa or to adjust status to permanent residency in the US.

Requirements 

The requirements for Form I-360 vary per category. But common requirements are:

1. Amerasians: Provide evidence of birth in a designated country during the specified period and proof of paternity by a US citizen.
2. Widows or Widowers: Provide marriage certificate, proof of death of US citizen spouse and evidence of legitimacy of marriage.
3. Special Immigrants:

• Religious Workers: Must have been a member of the religious denomination for at least 2 years prior to filing and must be coming to the US to work in a religious capacity.
• Juvenile Dependents: Must have been declared a dependent of a juvenile court and seeking lawful permanent residency.
• Other Special Immigrants: Must meet specific requirements related to their employment or service to the US government orinternational organizations.

Form I-360 Checklist

Filing an I-360 involves several steps. Here’s a breakdown:

1. Gather Required Documents:
   – Amerasians: Birth certificate, paternity evidence, proof of residency.
   – Widows or Widowers: Marriage certificate, death certificate of US citizen spouse, evidence of bona fide marriage.
   – Special Immigrants: Relevant documents like proof of employment, letters of recommendation, court orders, evidence of being a religious worker or international organization employee.
2. Complete I-360: Fill out the entire form. Make sure all personal info and qualifying criteria is correct.
3. Assemble Supporting Documents: Attach all supporting documents to the petition. This may include educational credentials, employment letters, affidavits, and any relevant court documents.
4. Pay the Filing Fee: Check the USCIS fee schedule to see what the fee is. Make sure you pay according to the instructions on the USCIS website or the form’s instructions.
5. File the Petition: Mail the completed I-360, all supporting documents and fee to the correct USCIS Lockbox or service center. Make sure to use the right address for your category and location.

Form I-360 and prima facie determination

Once USCIS approves your Form I-360, what you do next depends on where you are:

1. Adjustment of Status: If you’re in the U.S., you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This allows you to get your green card without leaving the country.
2. Consular Processing: If you’re outside the U.S., USCIS will send the approved Form I-360 to the National Visa Center (NVC). The NVC will guide you through the consular processing steps, including scheduling an interview at a U.S. embassy or consulate.

Form I-360 for religious worker

Religious workers seeking to immigrate to the U.S. must meet certain requirements:

• Membership in a Religious Denomination: The applicant must have been a member of the religious denomination for at least two years before filing.
• Employment in a Religious Capacity: The applicant must have been employed in a religious vocation or occupation for at least two years prior to filing, with the job offer detailing the religious nature of the work.
  Supporting documents should include proof of religious membership, employment history and the organization’s tax-exempt status. Evidence such as participation in charitable acts like almsgiving, which many faiths consider a spritual duty, can help illustrate ongoing engagement in the religious vocation. These documents are key to proving the claims in the petition. Proof of religious membership might include letters from religious leaders, membership records and documentation of religious activities. Employment history can be shown through employment contracts, pay stubs and letters from previous employers. The organization’s tax-exempt status is usually confirmed with documentation from the Internal Revenue Service (IRS) showing the organization is a non-profit religious entity.

Make sure these documents are thorough and organized and it will increase the chances of a successful petition. The more detailed and accurate the documentation, the easier it will be for USCIS to verify the claims and approve the petition.

Form I-360 Common Problems and Tips for Success

1. Documentation: Make sure all documents are complete, correct and in order. Incomplete or incorrect info can cause delays or denials. Double check all forms and supporting documents before submitting. Organizing documents in a logical order will help the USCIS officer review your case faster.
2. Legal Help: Consider consulting an immigration attorney to help with the complex parts of the petition and any legal issues. An attorney can guide you on the specific requirements for your special immigrant category, help you with your application and represent you in any dealings with USCIS.
3. Timely Response: Respond to any USCIS request for additional info or evidence to avoid delays. USCIS may issue a Request for Evidence (RFE) if they need more info to make a decision on your case. Provide the requested info as soon as possible and as accurate as possible.

Form I-360 Filing Address

Form I-360 filing fee

The filing fee for Form I-360 varies depending on the category under which you are applying: