USCIS I-360 Form: Everything You Need to Know

A petition for Amerasian, Widow(er), or Special Immigrant is filed on USCIS Form I-360. Individuals who may be eligible for special immigration advantages based on their circumstances, such as widows/widowers of US citizens, certain religious workers, and Iraqi and Afghan nationals who have aided the US government, utilize this form. For people seeking lawful permanent resident status in the United States, understanding the qualifying requirements, filing procedures, and potential benefits of Form I-360 is critical. In this blog post, we will look at the most frequently asked questions about USCIS Form I-360 in order to help you navigate the process confidently.

An Overview Of The I-360 Form

What Is Form I-360?

Form I-360 is a petition for people who qualify for specific immigrant categories. Thanks to that, lawful permanent residence, often known as a green card, under one of the unique immigration categories can be obtained. The form is handled by the US Citizenship and Immigration Services (USCIS).

What Is Form I-360 Used For?

Form I-360 is used for various immigration-related purposes, including petitions for Amerasians, widows or widowers of U.S. citizens, and several categories of special immigrants. These include special immigrant juveniles (SIJ), certain religious workers, broadcasters, Panama Canal employees, U.S. Armed Forces members, and Iraqi or Afghan nationals who worked with the U.S. government. Additionally, it is used by individuals eligible under the Violence Against Women Act (VAWA), including abused spouses, children, or parents of U.S. citizens or lawful permanent residents. Overall, Form I-360 is an essential tool for those seeking lawful permanent residency in the United States based on these specific circumstances

Eligibility Requirements for Form I-360 Petition

Who Is Eligible To File Form I-360?

USCIS Form I-360 is used to apply for special immigrant status under various categories, including but not limited to:

• Amerasians born in Korea, Vietnam, Laos, Kampuchea, or Thailand between specific dates and fathered by a U.S. citizen

• Widows or widowers of U.S. citizens

• Special Immigrant Juveniles (SIJ) who have been declared dependent by a juvenile court due to abuse, neglect, or abandonment

• Religious workers seeking to work full-time in the U.S. for a bona fide nonprofit religious organization

• Afghan or Iraqi nationals who worked for or on behalf of the U.S. government

• International broadcasters employed by or on behalf of the U.S. Broadcasting Board of Governors

• Physicians who were licensed to practice medicine in the U.S. on January 9, 1978

• Members of the U.S. Armed Forces who meet specific requirements

• Panama Canal Company or Canal Zone Government employees, or those who worked for the U.S. government in the Canal Zone

• Abused spouses, children, or parents of U.S. citizens or lawful permanent residents under the Violence Against Women Act (VAWA)

Each category has specific eligibility criteria. For example, Amerasians must provide evidence of their parentage, and special immigrant juveniles must be under 21, unmarried, and declared dependent due to parental abuse, neglect, or abandonment. It is essential to understand the specific qualifying requirements for the category under which you are applying before filing Form I-360.

Update for Afghan and Iraqi Nationals

Recent updates have affected the process for Afghan and Iraqi nationals seeking special immigrant status. For Afghan nationals, the U.S. Citizenship and Immigration Services (USCIS) has transitioned the adjudication of Special Immigrant Visa (SIV) petitions to the Department of State (DOS). Applicants who started the SIV process on or after July 20, 2022, must now file Form DS-157 instead of Form I-360 and submit all required documents to AfghanSIVApplication@state.gov. However, individuals who have received a Chief of Mission Approval letter without the required approval sentence must still file Form I-360 with USCIS.

For Iraqi nationals who were employed by or on behalf of the U.S. government in Iraq between March 20, 2003, and September 30, 2013, specific criteria must be met. These include obtaining a positive recommendation from a senior supervisor and proving they face an ongoing serious threat due to their employment. These changes aim to streamline the application process for individuals who have assisted the U.S. government and ensure they can effectively navigate their immigration options​.

Navigating Form I-360

What Documents Are Needed For I-360?

Several documents must be submitted with Form I-360 to support your eligibility for the immigration benefit you are seeking. The required documents vary depending on the category of your petition. Commonly required documents include:

• A copy of your passport, birth certificate, or other identification proving your nationality.

• Evidence of your relationship to the petitioner, if applicable, such as marriage certificates or birth certificates.

• A copy of your Form I-94 Arrival/Departure Record, if you are physically present in the United States.

• For Amerasians, evidence establishing parentage and that the biological father was a U.S. citizen.

• For widows or widowers, a copy of your marriage certificate, proof of your spouse’s U.S. citizenship, and their death certificate.

• For special immigrant juveniles, court orders establishing dependency due to abuse, neglect, or abandonment.

• For religious workers, proof of the petitioning organization’s tax-exempt status and evidence of the beneficiary’s prior work within the religious denomination.

For Afghan or Iraqi nationals, proof of employment with the U.S. government and documentation of an ongoing serious threat due to that employment.

Additional documents may be required depending on the specific I-360 category under which you are filing. It is important to carefully follow the instructions provided with Form I-360 to ensure that your petition is properly supported.

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How To Translate The Required Documents?

If you need to submit documents that are not in English for your I-360 form, you must have them translated. All translations must be certified by USCIS and contain a signed statement from the translator indicating that the translation is accurate and complete. That is, you will need a certified translation.The translator's entire name, address, and date of certification must also be included in the statement. You can hire a professional translation agency which is conversant in both languages. Include the original document and a translated copy, as well as the certification statement, when submitting your I-360 form and accompanying papers. Keep in mind that if further information or papers are required, USCIS may request them, and delays may arise if translations are not accurate or comprehensive. You can find everything you need to know about certified translation in this blog article.

How To Fill Out Form I 360?

If you intend to file a USCIS Form I-360, it is critical that you thoroughly fill out the form in order to avoid delays or denials in your application. Here are some actions to take when completing Form I-360:

1- Download the form from the USCIS website and carefully read the instructions to understand the eligibility requirements and supporting documentation required for your specific category.

2- Provide your personal information, such as your name, address, and birth date.

3- Indicate the category for which you are applying and submit any supporting documentation.

4- Give details about your current immigration status as well as any previous immigration history.

5- Respond truthfully and accurately to all questions, and supply any extra information requested.

6- Sign and date the form, and include the applicable filing fee or apply for a fee waiver.

7- Send the completed form to the nearest USCIS service center.

Remember to double-check your answers and submit all necessary supporting documents with your application. If you are unsure about any aspect of the process, seek advice from an immigration attorney or an accredited representative.

What Is The Filing Fee For Form I-360?

The filing fee for USCIS Form I-360 varies according to the type of special immigrant benefits sought. The filing fee for most categories is $515. It is critical to speak with an immigration attorney or check the USCIS website to confirm you are submitting the correct filing fee for your specific category of special immigrant benefits. Furthermore, USCIS may change the filing costs for Form I-360 on a regular basis, so be sure to check the current fee schedule before submitting your application.

How Do I Submit An I-360 Form?

You should submit Form I-360 by following the instructions provided by USCIS. The form must be properly completed, signed, and submitted with the required supporting documents. Specific instructions include:

Where to File: The most current information about where to file Form I-360 can be found on the USCIS website. It is important to verify the correct filing address before submission, as it may change.

Signature: The petition must be signed by the petitioner or the authorized signatory of an organization. USCIS will not accept a stamped or typewritten name in place of a signature. If the form is not signed, it will be rejected.

Filing Fee: The form must be submitted with the appropriate filing fee. For specific fee information, refer to Form G-1055, available on the USCIS website.

Supporting Documents: You must submit all required evidence and supporting documents along with the form. Photocopies of documents are usually sufficient unless original documents are requested by USCIS.

Biometric Services: USCIS may require you to attend a biometric services appointment, where fingerprints, photographs, and signatures may be taken for identity verification.

Translations: If any documents are in a foreign language, a full English translation must be submitted, along with a certification that the translation is accurate.

For the most accurate filing process, applicants are advised to follow the USCIS instructions carefully and ensure that all required information and documents are included

Status of I-360: Approved or Denied

How Long Does It Take For I-360 To Be Approved?

The processing time for USCIS Form I-360 varies according to the case's complexity and the workload of the USCIS office handling the petition. A Form I-360 might take anywhere from several months to over a year to be processed by USCIS. Some cases, however, may be processed more rapidly, particularly those filed under expedited processing owing to an emergency or compelling circumstance.

What Happens After I 360 Is Approved?

Once Form I-360 is approved, the next steps depend on the category under which the petition was filed:

• Adjustment of Status: If the beneficiary is already in the United States and is eligible, they may apply to adjust their status to lawful permanent resident (green card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

• Consular Processing: If the beneficiary is outside the United States, the case may be forwarded to the U.S. Department of State's National Visa Center (NVC) for consular processing. The beneficiary will be instructed to apply for an immigrant visa at a U.S. embassy or consulate in their home country.

• Employment Authorization: In some cases, such as for VAWA self-petitioners, the approval of Form I-360 may allow the individual to receive an Employment Authorization Document (EAD) while awaiting further processing of their case.

The specific steps after approval vary based on the petitioner's category. For example, religious workers, special immigrant juveniles, or VAWA self-petitioners may have different next steps, such as obtaining work authorization or applying for permanent residency.

Biometric Services Appointments

Biometric Services Appointments are a critical step in the USCIS immigration process that ensures the verification of an applicant's identity and background. During these appointments, applicants are required to provide fingerprints, photographs, and signatures at a designated USCIS Application Support Center (ASC). These biometric data are used to conduct background checks and verify the applicant's identity, thereby supporting the integrity of the immigration system. Applicants will receive an appointment notice with the date, time, and location of their biometric services appointment. It is important to attend this appointment as scheduled, as failure to do so may result in a delay or denial of the application. Applicants must bring their appointment notice and a valid photo ID to the appointment. The process is straightforward and usually takes about 20 minutes. After the biometric data is collected, it will be processed and analyzed, and USCIS will proceed with adjudication of the application. This step is mandatory for most immigration benefit applications to ensure security and accuracy in processing applications.

Can I Appeal If My Form I-360 Is Denied?

Yes, you may be able to appeal if your Form I-360 is denied. The decision notice you receive from USCIS will include information on whether you have the right to appeal the denial and the process for doing so. If you are eligible to appeal, you must file Form I-290B, Notice of Appeal or Motion, within the timeframe specified in the denial notice.

FAQs on I-360

Can I File Form I-360 Concurrently With Other Forms?

In some cases, you may file Form I-360 concurrently with other forms. For example, if you are filing for an adjustment of status (Form I-485) as a special immigrant or under the Violence Against Women Act (VAWA), you may be eligible to file both forms at the same time. This concurrent filing depends on your eligibility for adjustment of status and whether an immigrant visa is immediately available.

Can I File I 360 And I 485 Together?

Yes, in some situations, Form I-360 and Form I-485 (Application to Register Permanent Residence or Adjust Status) can be filed concurrently. This is referred to as concurrent filing. The category of special immigrant benefits sought and the standards established by USCIS determine eligibility for concurrent filing. Individuals who qualify for adjustment of status as immediate relatives of US citizens or under the special immigrant juvenile category, for example, may be permitted to complete Form I-360 and Form I-485 concurrently. Before submitting both forms together, it is critical to carefully study the eligibility criteria and filing requirements.

How To Fill I 360 Form For SIV?

To fill out Form I-360 for Special Immigrant Visa (SIV) status as an Afghan or Iraqi national, you must provide your personal information, including your full name, date of birth, and nationality. You need to submit supporting documents, such as a copy of your passport or birth certificate proving your nationality, and a favorable recommendation from a general or flag officer (if you worked with the U.S. Armed Forces) or from the Chief of Mission (if employed by or on behalf of the U.S. government). You must also include evidence of your employment with the U.S. government or military for at least 12 months and proof of passing a background check. If applicable, include the Chief of Mission approval letter and a copy of your Form I-94 if you are in the U.S. Afghan nationals who started the process on or after July 20, 2022, must use Form DS-157 instead of Form I-360.

Can I File Form I-360 If I Am Outside The United States?

Yes, you can file Form I-360 if you are outside the United States. Certain categories, such as widows/widowers of U.S. citizens, special immigrant religious workers, and some Afghan and Iraqi nationals who worked with or on behalf of the U.S. government, may file the form while residing abroad. For VAWA self-petitioners, you can file if the abuser is a U.S. government employee or a member of the U.S. uniformed services, or if you were subjected to abuse in the United States. It is important to carefully follow the filing instructions provided for your specific category.

Is There Premium Processing For I-360?

USCIS provides a premium processing service for certain forms, however Form I-360 is not one of them. Premium processing permits applicants to receive a decision on their application within 15 calendar days of submitting their request and paying an extra cost to USCIS. Form I-360, on the other hand, is not one of the forms that are qualified for premium processing.

Can I File Form I-360 If I Am In Removal Proceedings?

Yes, you can file Form I-360 if you are in removal proceedings, particularly if you are a VAWA self-petitioner. VAWA self-petitioners, including abused spouses, children, or parents of U.S. citizens or lawful permanent residents, may file Form I-360 even if they are in removal proceedings. It is important to provide credible evidence of abuse and meet all the eligibility requirements. Filing the petition may help prevent removal by enabling the petitioner to seek lawful status

Can I Convert Approved I-130 To I-360?

Yes, an approved I-130 petition can be converted to Form I-360 in certain circumstances. Specifically, if a U.S. citizen spouse filed Form I-130 on behalf of their spouse and then passed away, the I-130 petition can be automatically converted to a widow(er)'s Form I-360. In this case, the surviving spouse does not need to file a separate Form I-360 if the I-130 was approved or still pending at the time of the U.S. citizen spouse's death.

How Do I Check My I-360 Status?

You can utilize the USCIS website's online Case Status Checker to determine the status of your I-360 petition. Your receipt number, which can be found on your receipt notification or any USCIS communication, will be required. The Case Progress Checker will provide you with real-time updates on the progress of your I-360, such as whether it is still pending, has been authorized, or whether any additional evidence or interviews are required. You can also ask about the status of your I-360 petition by calling the USCIS National Customer Service Center at 1-800-375-5283.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”