Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
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I-360 USCIS Petition: Everything You Need to Know
The immigration process can be stressful, especially when you’re unsure of the steps needed to secure your future in the U.S. If you’re a widow(er) of a U.S. citizen, a special immigrant juvenile, a religious worker, or another eligible party, filing Form I-360 may be the key to obtaining permanent residency.
A Grupo Jurídico Ybarra Maldonado, we can help you work with the United States Citizenship and Immigration Services to get the best possible results in your case. Whether you need help filing your initial petition, gathering supporting evidence and documents, or filing an appeal on a denied petition, our team has you covered. To schedule a consultation with us about your case, please call our office at 602-910-4040 hoy.
What Is the I-360 Form?
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, allows certain individuals to apply for classification that can lead to becoming a lawful permanent resident. This form is used by a variety of applicants, including religious workers, widows or widowers of U.S. citizens, and other special immigrants like certain employees of international organizations.
By obtaining approval through Form I-360, eligible applicants can take the next step toward obtaining a green card and securing lawful permanent resident status in the United States.
What Is the Purpose of Form I-360?
The primary purpose of Form I-360 is to allow eligible individuals to apply for certain immigration benefits by petitioning for special immigrant classification. This form is specifically designed for groups such as Amerasians, widows or widowers of U.S. citizens, religious workers, and other special immigrants like certain international organization employees.
Once approved, Form I-360 can help applicants take a significant step toward securing immigration benefits, including lawful permanent resident status. Depending on the individual’s category, approval of the form may allow them to apply for a green card, which grants permanent residency and the ability to live and work in the United States legally.
In addition to providing access to immigration benefits, Form I-360 offers certain protections for vulnerable individuals, such as abused spouses or children of U.S. citizens or lawful permanent residents, by allowing them to self-petition for immigrant status.
Who Is Eligible to File Form I-360?
Many individuals are eligible to file Form I-360, each seeking different forms of immigration relief. These individuals include Amerasians, religious workers, and widows or widowers of U.S. citizens. Additionally, certain employees of international organizations, members of the U.S. armed forces, and broadcasters may qualify under specific special immigrant categories.
One important group eligible to file Form I-360 includes those seeking relief under the Violence Against Women Act (VAWA). Through the self-petition process, a VAWA self-petitioning spouse, child, or parent of a U.S. citizen or lawful permanent resident can apply for immigration benefits without the abuser’s knowledge or consent.
This allows victims of abuse to gain lawful immigration status independently and escape harmful situations if they meet the requisitos VAWA. A VAWA self-petitioning parent, in particular, can use this form to apply for protection and immigration status based on their relationship to a U.S. citizen child.
Qualifying Surviving Spouse or Widow(er)
A qualifying surviving spouse or widow(er) of a U.S. citizen can file Form I-360 to petition for immigration status even after the death of their citizen spouse. If approved, the widow(er) can apply for a green card, allowing them to become a lawful permanent resident despite the citizen’s death, thereby securing their future in the United States.
Qualifying Surviving Spouse Requirements
To be eligible to file Form I-360 as a qualifying surviving spouse, an applicant must meet the following requirements.
- Petitioner must have been legally married to the deceased spouse at the time of the spouse’s death.
- Petitioner must file Form I-360 within two years of the death of the deceased spouse.
- Marriage must have been entered into in good faith, not solely for immigration benefits.
- Petitioner must not have remarried after the deceased spouse’s death.
- Petitioner must be about to demonstrate good moral character.
- Deceased spouse must have been a U.S. citizen or LPR at the time of their death.
Special Immigrant Juveniles
Special immigrant juveniles (SIJs) are eligible to file Form I-360 if they have been declared dependent on a juvenile court in the U.S. and cannot be reunified with one or both parents due to abuse, neglect, abandonment, or a similar issue. The purpose of this status is to protect vulnerable children.
By filing Form I-360, a special immigrant juvenile can apply for a green card, allowing them to become lawful permanent residents and gain a path to stability and security in the U.S. without having to rely on their parents for support.
Special Immigrant Religious Worker
Special immigrant religious workers are eligible to file Form I-360 if they have been employed in a full-time, paid religious vocation or occupation for at least two years prior to filing. These workers must be part of a bona fide nonprofit religious organization in the U.S. or affiliated with one.
By filing Form I-360, religious workers can apply for a green card, allowing them to become lawful permanent residents and continue their religious service in the United States without restrictions related to their immigration status.
Afghan and Iraqi Nationals
Afghan and Iraqi nationals may be eligible to file Form I-360 if they have worked with the U.S. government or affiliated organizations, such as the International Security Assistance Force (ISAF) in Afghanistan or the United States Agency for Global Media (USAGM) in Iraq. These individuals, including translators, interpreters, and those in other crucial roles, may qualify as special immigrants.
By filing Form I-360, they can apply for lawful permanent residency, gaining the opportunity to live and work in the U.S., which can provide safety and stability after their service to the U.S. government.
NOTA: Specifically for Afghan and Iraqi nationals, USCIS has recently updated the process for seeking special immigrant status. USCIS has turned over the judgment of Special Immigrant Visa petitions to the Department of State for these individuals. So, applicants who began the filing process after July 20, 2022, are now required to use Form DS-157 instead of I-360. For further information on this updated process, we recommend reviewing the new filing instructions and contacting an immigration attorney.
I-360 Instructions
The United States Citizenship and Immigration Services provides online instructions for filling out and submitting I-360 forms. We will cover many of these basic instructions below.
According to USCIS, you or a signing authority must properly complete the petition with a signature. It must be a legitimate signature, not a stamp or a typewritten name. If the petitioner is under 14 years old, a parent or legal guardian must sign the petition on their behalf. Legal guardians may also sign on behalf of those deemed mentally incompetent. If the petition is not properly signed, USCIS will reject it.
USCIS considers faxed, photocopied, or scanned copies of original handwritten signatures for filing purposes.
USCIS often requires petitioners to appear for citas biométricas. During these appointments, they gather fingerprints, photographs, and signatures to verify identity and conduct background and security checks. This must occur before USCIS will make a decision on your petition.
Biometrics appointments are not always necessary, but they are very common. USCIS will inform you if you are required to attend one of these appointments either at a U.S. Embassy or a Consulate.
USCIS will accept legible photocopies of documents unless the instructions specifically request original documents. They may also request additional original documents during the process if they deem it necessary.
If you submit a document with information written in another language, you must also submit a full English translation of that information. A translator must sign a certification stating the English translation is complete and accurate, and that they are competent to translate the language into English. The certification must include the translator’s printed name, signature, signature date, and contact information.
How to Complete Form I-360
In a free, detailed PDF document, USCIS provides in-depth instructions on how to complete your Form I-360. Your attorney can help you with the specifics, but the basic steps are as follows.
- Type or print legibly in black ink.
- For extra space when needed, use Part 15. Additional Information or attach a separate sheet of paper. For each additional sheet, indicate the Page Number, Part Number, and Item Number. Type or print your name and Alien Registration Number at the top of each sheet. Lastly, sign and date each sheet.
- Answer all questions fully and accurately.
- Have your USCIS Online Account Number handy if you have one.
- If you were issued a Formulario I-94, Arrival/Departure Record, have this form on hand.
- Complete Part 11. Petitioner’s Statement, Contact Information, Declaration, and Signature (Individual) if you are an individual filing the petition for yourself.
- Complete Part 12. Statement, Contact Information, Declaration, and Signature of the Petitioner or Authorized Signatory if you are filing the petition for another person or as an authorized signatory.
- If you used an interpreter, complete Part 13. Interpreter’s Contact Information, Certification, and Signature.
- If someone other than you, the petitioner, has completed the form, complete Part 14. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner.
What Documents Do I Need for I-360?
You must submit several documents as supporting evidence to prove your eligibility for the immigration benefits provided by Form I-360. Depending on which category you fall under when submitting the petition, these required documents may vary. Some of the most commonly-requested supporting documents include the following.
- Copies of passports, birth certificates, and marriage certificates
- Proof of your relationship to the petitioner if you are not the petitioner
- Documentation of any criminal history, if applicable
- Copies of your visa or Form I-94 to show your immigration status
- Evidence of extreme hardship or abuse
As we mentioned before, the documents USCIS may require of you can vary depending on your exact situation. Speaking with an experienced Abogado de inmigración en Phoenix at Ybarra Maldonado Law Group can help you ensure that your initial petition is filed as fully and accurately as possible.
I-360 Filing Address
The filing address for your I-360 depends on your category of eligibility, where you live, and whether you are filing concurrently. The United States Citizenship and Immigration Services has a complete list of direct filing addresses for Form I-360.
I-360 Filing Fee
USCIS outlines the fee schedule for Form I-360 on their website. The general filing fee is $515. It can be paid with a money order, cashier’s check, personal check, credit card, or debit card. If you decide to pay by check, you must make it payable to the U.S. Department of Homeland Security.
How to Submit Form I-360
After you have fully filled out your Form I-360, you are ready to submit it. To do so, you must send the original forms and supporting documents to the correct USCIS lockbox facility. Then, you will wait for USCIS to process your petition. To have the best chance of avoiding delays and costly mistakes, we strongly encourage you to work with an immigration attorney. Immigration attorneys help with filling out and filing self-petitions, as well as petitions on behalf of others.
How Long Does It Take for I-360 to Be Approved or Denied?
The processing time for I-360 varies greatly depending on the complexity of the case and the current caseload of USCIS. Immigration processing times are notoriously long and unpredictable across the board, so it can be difficult to estimate how long it will take to receive a decision from USCIS. It could take several months to a year on average for an I-360 to be processed.
Sometimes, delays in receiving a priority date can extend this waiting period even further. Your attorney may be able to give you an estimate of your waiting time, but the USCIS processing times web page can give you a better idea.
Once Your I-360 Is Approved, How Long Until You Get Your Green Card?
This depends on several factors, such as your unique situation and your special immigrant category. If you wish to adjust status and become a lawful permanent resident, you will likely need to submit more paperwork and attend an interview with a USCIS officer. In general, it may take six months to a year or longer to receive your green card after filing Form I-360.
If My I-360 Was Denied, Can I Appeal It?
Sí, you may be able to appeal a denial of your Form I-360. The appeals process differs depending on which special immigrant category you file under. It can be very disheartening to think that you may not receive immigration benefits because of a denial, but this is not the end of the road.
Un abogado de apelaciones de inmigración with Ybarra Maldonado Law Group can help you file a motion to reopen your case with USCIS. This may involve petitioning the Administrative Appeals Office, with which we have extensive experience. Appeals also often have strict deadlines, so we will work with you to ensure that you adhere to that deadline.
I-360 Processing Time in 2024
As of September 2024, the I-360 processing times are as follows, according to USCIS estimates.
- Violence Against Women Act (VAWA) Petitions: 80% of cases are completed within 40.5 months.
- Religious Workers Petitions: 80% of cases are completed within 6 months.
- Afghan or Iraqi Nationals Petitions: 80% of cases are completed within 3.5 months.
- All Other Special Immigrant Petitions:
- California Service Center: 80% of cases are completed within 5.5 months.
- Nebraska Service Center: 80% of cases are completed within 12 months.
- Vermont Service Center: 80% of cases are completed within 23.5 months.
NOTA: Under Form I-360, Special Immigrant Juvenile processing times are currently not available. This is due to several factors, one of which is ongoing litigation that has prevented the calculation of this processing time since 2020.
Can I File I-360 Concurrently with Another Form?
Sí, it is possible to file I-360 concurrently with other forms. However, the possibility of presentación concurrente depends on the type of immigration benefits you are requesting. For example, a Special Immigration Juvenile who wishes to adjust status may be eligible for concurrent filing of I-360 and I-485. We recommend speaking with your attorney about whether concurrent filing is an option for you.
Is Premium Processing Available for Form I-360?
No, USCIS generally does not offer premium processing for Form I-360. Many forms do qualify for much shorter processing times under premium processing, but I-360 is not one of these forms.
Contact a Phoenix Immigration Attorney at Ybarra Maldonado Law Group Today
Filing Form I-360 can be a critical step toward becoming a lawful permanent resident, but the process can be challenging without the right legal guidance. Whether you’re a special immigrant juvenile, religious worker, widow(er) of a U.S. citizen, or another eligible petitioner, Ybarra Maldonado Law Group is here to help you every step of the way.
With our extensive experience working with the U.S. Citizenship and Immigration Services, we can ensure your petition is handled with care and precision. Contact Ybarra Maldonado Law Group today to discuss your case and take the next step toward securing your future in the U.S.
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