Immigration Forms — Form I-360

Petition for Amerasian, Widow(er), or Special Immigrant

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

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms

Purpose of Form :

To apply for certain benefits granted to Amerasians, Widow(er)s, battered spouses or children of U.S. citizens, or other special immigrants as defined in the form’s instructions.

Number of Pages :

9

Edition Date :

10/26/05. 9/11/00 version also accepted.

Where to File :

Please see Special Instructions.

Filing Fee :

$190.00

Special Instructions :

Please note: This is a large file (1.36 MB). We recommend that you not fill out the form from within your web browser, but instead download it to your computer (by “right-clicking” on the link below and selecting “Save Target As”) and open it from Adobe Reader.

Note on Filing Fee:

Exception: No filing fee for Amerasians. However, Amerasian sponsors must still pay the $70.00 biometrics services fee.

Note on Where to File:

Submit your filing to the USCIS Office identified with your petition category:

• Self-Petitioning Spouse or Child of an Abusive U.S. Citizen: File at the Vermont Service Center
• Special Immigrant – Religious Worker: File at the Service Center with jurisdiction over the state where you will be residing.
• Widow(er): File with your I-485 at the local Office with jurisdiction over your place of residence; if you are filing without an I-485, file the petition at the Service Center with jurisdiction over your state of residence; if you are outside the U.S., and are filing without an I-485, file at the Foreign Office with jurisdiction over your place of residence.
• Special Immigrant – Military: If you are filing with an I-485, and are in the U.S., file at the local Office with jurisdiction over your place of residence; if you are filing without an I-485, and are in the U.S., file at the Service Center with jurisdiction over your place of residence; if you are filing without an I-485 and are outside the U.S., file at the Foreign Office with jurisdiction over your place of residence.
• Special Immigrant – Juvenile: File your petition with the local office with jurisdiction over your place of residence.
• Amerasian: If you are living in the U.S., file your petition with the local Office with jurisdiction over your place of residence; if you are living outside of the U.S., you can either file your petition with the Foreign Office that has jurisdiction over your current place of residence, or you can file your petition with the local Office that has jurisdiction over your intended place of residence in the U.S.
• Special Immigrant – Physician: File your petition with the Service Center with jurisdiction over your place of residence
• Special Immigrant – Panama canal: File your petition with the Service Center with jurisdiction over your place of residence.
• Special Immigrant-International Organization Officer or Employee and Family Members: Use the addresses listed below when mailing Form I-360 and associated forms and correct fees, to USCIS. Please note that there is a different address if you are filing only Form I-360, if you are filing it concurrently with Form I-485 or if a Special Immigrant International Organization Officer or Employee and Family Members I-360 has been previously approved.
• For all Special Immigrant International Organization Officer or Employee and Family Members I-360s:

Nebraska Service Center
P.O. Box 87360
Lincoln, NE 68501-7360

For all Special Immigrant International Organization Officer or Employee and Family Members Form I-360 previously approved; all Special Immigrant International Organization Officer or Employee and Family Members Form I-360 filed concurrently with Form I-485:

Nebraska Service Center
P.O. Box 87485
Lincoln NE 68501-7485

Download I-360 (273KB PDF)

Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0020; Expires 07/31/07
I-360, Petition for Amerasian, Widow(er) or Special Immigrant

Instructions

Purpose of This Form.

This petition is used to classify an alien as:

• An Amerasian;
• A Widow or Widower;
• A Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident;
• A Special Immigrant (Religious Worker; Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee; Physician; or
• International Organization Employee or Family Member, Juvenile Court Dependent or Armed Forces Member).

lnitial Evidence Requirements.

If these instructions state that a copy of a document may be filed with this petition, and you choose to send us the original, we may keep that original for our records. Any foreign language document must be accompanied by an English translation certified by the translator that he/ she is competent to translate the foreign language into English and that the translation is accurate.

Amerasian.

Any person who is 18 or older, an emancipated minor, or a U.S. corporation may file this petition for an alien who was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and was fathered by a U.S. citizen.

The petition must be filed with:

• Copies of evidence showing that the person this petition is for was born in one of the above countries between those dates. If he/she was born in Vietnam, you must also submit a copy of his/her Vietnamese I. D. card, or an affidavit explaining why it is not available;
• Copies of evidence establishing the parentage of the person, and of evidence establishing that the biological father was a U.S. citizen. Examples of documents that may be submitted are birth or baptismal records or other religious documents; local civil records; an affidavit, correspondence or evidence of financial support from the father; photographs of the father (especially with the child); or, absent other documents, affidavits from knowledgeable witnesses which detail the parentage of the child and how they know such facts;
• A photograph of the person;
• If the person is married, submit a copy of the marriage certificate, and proof of the termination of any prior marriages; and
• If the person is under 18 years old, submit a written statement from his/her mother or legal guardian that: – Irrevocably releases him or her for emigration and authorizes the placement agencies to make necessary decisions for his or her immediate care until a sponsor receives custody; – Shows an understanding of the effects of the release, and states whether any money was paid or coercion used prior to obtaining the release; and – Includes the full name, date and place of birth, and present or permanent address of the mother or guardian, and with the signature of the mother or guardian on the release authenticated by a local registrar, court of minors, or a U.S. Citizenship and Immigration Services (USCIS) officer.

The following sponsorship documents are also required. You may file these documents with the petition, or wait until we review the petition and request them. However, not filing them with the petition will add to the overall processing time.

• An Affidavit of Financial Support executed by the sponsor, with the evidence of financial ability required by that form. Please note that the original sponsor remains financially responsible for the Amerasian if any subsequent sponsor fails in this area;
• Copies of evidence showing that the sponsor is at least 21 years old and is a U.S. citizen or permanent resident;
• Fingerprints of the sponsor taken by USCIS as part of the required biometric services; and
• If this petition is for a person under 18 years old, the following documents issued by a placement agency must be submitted: – A copy of the private, public or state agency’s license to place children in the U.S., proof of the agency’s recent experience in the intercountry placement of children and of the agency’s financial ability to arrange the placement; – A favorable home study of the sponsor conducted by a legally authorized agency; – A pre-placement report from the agency, including information regarding any family separation or dislocation abroad that would result from the placement; – A written description of the orientation given to the sponsor and to the parent or guardian on the legal and cultural aspects of the placement; – A statement from the agency showing that the sponsor has been given a report on the pre-placement screening and evaluation of the child; and – A written plan from the agency to provide follow-up services, including mediation and counseling, and describing the contingency plans to place the person this petition is for in another suitable home if the initial placement fails.

Widow/Widower of a U.S. Citizen.

You may file this petition for yourself if:

• You were married for at least two years to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death;
• Your citizen spouse’s death was less than two years ago;
• You were not legally separated from your citizen spouse at the time of death; and
• You have not remarried.

The petition must be filed with:

• A copy of your marriage certificate to the U.S. citizen and proof of termination of any prior marriages of either of you;
• Copies of evidence that your spouse was a U.S. citizen, such as a birth certificate if born in the United States, Naturalization Certificate or Certificate of Citizenship issued by USCIS, Form FS-240, Report of Birth Abroad of a Citizen of the United States; or a U.S. passport which was valid at the time of the citizen’s death; and
• A copy of the death certificate of your U.S. citizen spouse.

Self-Petitioning Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident.

You may self-petition for immediate relative or family-sponsored immigrant classification if you:

• Are now the spouse or child of an abusive U.S. citizen or lawful permanent resident;
• Are eligible for immigrant classification based on that relationship;
• Are now residing in the United States;
• Have resided in the United States with the U.S. citizen or lawful permanent resident abuser in the past;
• Have been battered by, or have been the subject of extreme cruelty perpetrated by: – Your U.S. citizen or lawful permanent resident spouse during the marriage; or are the parent of a child who has been battered by or has been the subject of extreme cruelty perpetrated by your abusive citizen or lawful permanent resident spouse during your marriage; or you – Your citizen or lawful permanent resident parent while residing with that parent;
• Are a person of good moral character;
• Are a person whose removal or deportation would result in extreme hardship to yourself, or to your child if you are a spouse; and if you
• Are a spouse who entered into the marriage to the citizen or lawful permanent resident abuser in good faith.

NOTE: Divorce or other legal termination of the marriage to the abuser after the self-petition is properly filed with USCIS will not be the sole basis for denial or revocation of an approved self-petition. If you remarry before you become a lawful permanent resident, however, your self-petition will be denied or the approval revoked.

Your self-petition may be filed with any credible relevant evidence of eligibility. The determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS; therefore, you are encouraged to provide the following documentation:

• Evidence of the abuser’s U.S. citizenship or lawful permanent resident status;
• Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser;
• One or more documents showing that you and the abuser have resided together in the United States in the past, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, deeds, mortgages, rental records, insurance policies, or affidavits;
• One or more documents showing that you are now residing in the United States, such as the documents listed above;
• Evidence of the abuse, such as reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection or have taken other legal steps to end the abuse, you should submit copies of those court documents;
• If you are more than 14 years of age, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad in which you have resided for six or more months during the three year period immediately preceding the filing of your self-petition;
• Affidavits, birth certificates of children, medical reports and other relevant credible evidence of the extreme hardship that would result if you were to be removed or deported; and
• If you are a spouse, proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, income tax forms, or bank accounts; and testimony or other evidence regarding your courtship, wedding ceremony, shared residence and experiences showing that your marriage was entered in good faith.

Special Immigrant Juvenile.

Any person, including the alien, may file this petition for an alien who:

• Is unmarried and less than 21 years old;
• Has been declared dependent upon a juvenile court in the United States or who such a court has legally committed to, or placed under the custody of, an agency or department of a state and who has been found eligible for long-term foster care; and
• Has been the subject of administrative or judicial proceedings in which it was determined that it would not be in the juvenile’s best interests to be returned to the juvenile’s or his/her parent’s country of nationality or last habitual residence.

NOTE: After a special immigrant juvenile becomes a permanent resident, his or her parent(s) may not receive any immigration benefit based on the relationship to the juvenile. The petition must be filed with:

• A copy of the juvenile’s birth certificate or other evidence of his or her age;
• Copies of the court or administrative documents) upon which the claim to eligibility is based.

Special Immigrant Religious Worker.

Any person, including the alien, may file this petition for an alien who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States, and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the United States to work solely:

• As a minister of that denomination; or in a professional capacity in a religious vocation or occupation for that organization; or
• In a religious vocation or occupation for the organization or its nonprofit affiliate.

NOTE: All special immigrant religious workers, other than ministers, immigrating to the United States as special immigrant religious workers must immigrate (i.e. enter the United States) or adjust status to permanent residence (i.e. have their Form I-360 and Form I-485 approved) before October 1, 2008.

The petition must be filed with:

• A letter from the authorized official of the religious organization establishing that the proposed services and alien qualify as above;
• A letter from the authorized official of the religious organization attesting to the alien’s membership in the religious denomination and explaining, in detail, the person’s religious work and all employment during the past two years and the proposed employment; and
• Evidence establishing that the religious organization, and any affiliate which will employ the person, is a bona fide nonprofit religious organization in the U.S. and is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986.

Special immigrant based on employment with the Panama Canal Company, Canal Zone Government or U.S. Government in the Canal Zone.

Any person may file this petition for an alien who, at the time the Panama Canal Treaty of 1977 entered into force, either:

• Was resident in the Canal Zone and had been employed by the Panama Canal Company or Canal Zone Government for at least one year, or
• Was a Panamanian national and either honorably retired from U.S. Government employment in the Canal Zone with a total of 15 or more years of faithful service, or
• Was employed for 15 years and since honorably retired; or was an employee of the Panama Canal Company or Canal Zone Government, had performed faithful service for five years or more as an employee, and whose personal safety, or the personal safety of his/her spouse or child, is in danger as a direct result of the special nature of his/her employment and as a direct result of the Treaty.

The petition must be filed with:

• A letter from the Panama Canal Company, Canal Zone Government or U.S. Government agency employing the person in the Canal Zone, indicating the length and circumstances of employment and any retirement or termination; and
• Copies of evidence to establish any claim of danger to personal safety.

Special Immigrant Physician.

Any person may file this petition for an alien who:

• Graduated from a medical school or qualified to practice medicine in a foreign state;
• Was fully and permanently licensed to practice medicine in a State of the United States on January 9, 1978, and was practicing medicine in a State on that date;
• Entered the United States as an “H” or “J” nonimmigrant before January 9, 1978; and
• Has been continuously present in the United States. and continuously engaged in the practice or study of medicine since the date of such entry.

The petition must be filed with:

• Letters from the person’s employers, detailing his/her employment since January 8, 1978, including the current employment; and
• Copies of relevant documents that demonstrate that the person filed for meets all the above criteria.

Special Immigrant International Organization Employee or family member.

Certain long-term “G” and “N” nonimmigrant employees of a qualifying international organization entitled to enjoy privileges, exemptions and immunities under the International Organizations Immunities Act, and certain relatives of such an employee, may be eligible to apply for classification as a Special Immigrant. To determine eligibility, contact the qualifying international organization or your local USCIS office.

The petition must be filed with:

• A letter from the international organization demonstrating that it is a qualifying organization and explaining the circumstances of qualifying employment and the immigration status held by the person the petition is for, and
• Copies of evidence documenting the relationship between the person this petition is for and the employee.

Armed Forces Member.

You may file this petition for yourself, if:

• You have served honorably on active duty in the Armed Forces of the United States after October 15, 1978;
• You originally lawfully enlisted outside the United States under a treaty or agreement in effect on October 1, 1991, for a period or periods aggregating:
• Twelve years, and were never separated from such service except under honorable conditions; or
• Six years, are now on active duty, and have reenlisted to incur a total active duty service obligation of at least 12 years;
• You are a national of an independent state which maintains a treaty or agreement allowing nationals of that state to enlist in the U.S. Armed Forces each year; and
• The executive department under which you have served or are serving has recommended you for this special immigrant status.

The petition must be filed with:

• Certified proof issued by the authorizing official of the executive department in which you are serving or have served which certifies that you have the required honorable active duty service and/or commitment; and
• Your birth certificate.

General Filing Instructions.

Please answer all questions by typing or clearly printing in black ink only. Indicate that an item is not applicable with “N/A.” If an answer is “none,” please so state. If you need extra space to answer any item, attach a sheet of paper with your name and your alien registration number (A#), if any, and indicate the number of the item the answer refers to. Every petition must be properly signed, and accompanied by the proper fee. If you are under 14 years of age, your parent or guardian may sign the petition.

Where to File.

If you are filing for a Special Immigrant Juvenile, file the petition at the local USCIS office having jurisdiction over the place where he or she lives.

If you are filing for Amerasian classification and the person you are filing for is outside the United States, you may file this petition at the USCIS office that has jurisdiction over the place he or she lives or the office that has jurisdiction over the place where he or she will live.

If you are in the United States and filing as a Widow/Widower, you may file this petition together with your application for adjustment of status.

If this petition is for an Amerasian, Widow/Widower, or Special Immigrant Armed Forces Member, and that person lives outside the United States, you may file this petition at the USCIS office overseas or the U.S. consulate or embassy abroad having jurisdiction over the area in which he or she lives.

In all other instances (except for a self-petitioning battered or abused spouse or child or a special immigrant international organization officer or employee or family member, described below), file this petition at a USCIS Service Center, as follows:
If you live in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virgin Islands, Virginia or West Virginia, mail this petition to:

USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

If you live in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee or Texas, mail this petition to:

USCIS
Texas Service Center
P.O. Box 152122, Dept A
Irving, TX 75015-2122

If you live in Arizona, California, Guam, Hawaii or Nevada, mail this petition to:

USCIS
California Service Center
P.O. Box 10360
Laguna Niguel, CA 92607-0360

If you live elsewhere in the United States, mail this petition to:

USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68501-2521

If you are a self petitioning battered spouse or abused spouse or child, mail your completed Form I-360 with supporting documents and correct fee to the Vermont Service Center at the following address:

USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479

If the Vermont Service Center later sends you a Notice of Approval of your petition, you may apply at your local USCIS office to adjust your status as a lawful permanent resident.

If you are a special immigrant international organization officer or employee or family member, mail your Form I-360 with supporting documents and correct fee to the Nebraska Service Center at the following address:

USCIS
Nebraska Service Center
P.O. Box 87360
Lincoln, NE 68501-7360

Public Service Information.

The National Domestic Violence Hotline provides information, crisis intervention and referrals to local service providers, including legal assistance organizations, to victims of domestic violence or anyone calling on their behalf at 1-800-799-7233 or TDD at 1-800-787-3244 TTD.

The hotline services are available 24 hours a day seven (7) days a week, toll-free from anywhere in the United States, Puerto Rico or the U.S. Virgin Islands. The staff and volunteers speak both English and Spanish and have access to translators in 139 languages.

What Is the Fee?

The filing fee for this petition is $190.00, except there is no fee if you are filing for an Amerasian. However, sponsors of Amerasians must pay a $70.00 biometrics services fee to be fingerprinted. If necessary USCIS may also take the sponsors’ photograph and signatures.

The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash. All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in United States currency. The check or money order should be made payable to the Department of Homeland Security, except that:

• If you live in Guam, and are filing this application in Guam, make your check or money order payable to the “Treasurer, Guam.”
• If you live in the U.S. Virgin Islands, and are filing this application in the U.S. Virgin Islands, make your check or money order payable to the “Commissioner of Finance of the Virgin Islands.”

Checks are accepted subject to collection. An uncollected check will render the application and any document issued invalid. A charge of $30.00 will be imposed if a check in payment of a fee is not honored by the bank on which it is drawn.

How to Check If the Fee Is Correct.

The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below:

• Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or
• Review the Fee Schedule included in your form package, if you called us to request the form, or
• Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

NOTE: If your petition or application requires a biometric services fee for USCIS to take your fingerprints, photograph or signature, you can use the same procedure above to confirm the biometrics fee.

Processing Information.

Rejection. Any petition that is not signed or is not accompanied by the correct fee will be rejected with a notice that the petition is deficient. You may correct the deficiency and resubmit the petition. However, a petition is not considered properly filed until accepted by the USCIS.

Initial processing. Once the petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your petition.

NOTE: A self-petitioning battered or abused spouse or child of a U.S. citizen or lawful permanent resident may submit any relevant credible evidence in place of the suggested evidence.

Requests for additional information or interview. We may request additional information or evidence or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required.

Decision. If you establish that the person this petition is for is eligible for the requested classification, we will approve the petition. We will send it to the U.S. embassy or consulate for visa issuance, unless he or she is in the United States and appears eligible and intends to apply for adjustment to permanent resident status while here. If you do not establish eligibility, we will deny the petition. We will notify you in writing of our decision.

Penalties.

If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will deny the benefit you are filing for, and may deny any other immigration benefit. In addition, you will face severe penalties provided by law, and may be subject to criminal prosecution.

Forms and Information.

To request USCIS forms, call our toll free number at 1-800-870-3676. You can also obtain USCIS forms and information on immigration laws, regulations and procedures by calling our National Customer Service Center (NCSC) at 1-800-375-5283 or visiting our internet website at www.uscis.gov.

Use InfoPass for Appointments.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.

Privacy Act Notice.

We ask for the information on this form, and associated evidence to determine if you have established eligibility for the immigration benefit you are seeking. Our legal right to ask for this information is in 8 USC 1154. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may delay a final decision or result in denial of your request.

Paperwork Reduction Act Notice.

A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.

Accordingly, the reporting burden for this collection of information is computed as follows: (1) learning about the law and form, 15 minutes; (2) completing the form, 20 minutes; and (3) assembling and filing the application, 85 minutes for an estimated average of 2 hours per response.

If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, NW, Washington, D.C. 20529; OMB No. 1615-0020. Do not mail your completed application to this address.