PETITION FOR WIDOWER OR SPECIAL IMMIGRANT FORM I-360

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 I-360 FORM

Use of Form I-360 is limited to specific categories of immigrants: Amerasian Immigrants, Widows and Widowers,  Battered Spouses/Children,  Special Immigrants. Most immigrant visa petitions are filed in the United States, there are limited provisions for filing certain types of petition forms outside the United States.

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WHO MAY FILE FORM I-360?

Widows and Widowers

  • Widows and widowers of U.S. citizens may use Form I-360 to petition for a green card, on condition that they were not legally separated from the citizen at the time of his or her death, have not remarried, and that they file the petition within two years of the citizen’s death. 

Battered Spouses/Children

  • An immigrant who has been a victim of violence or extreme cruelty at the hands of his or (more often) her U.S. citizen or lawful permanent resident spouse or parent

Amerasian Immigrants

  • People who were born between December 31, 1950 and October 22, 1982 in Laos, Vietnam, Korea, Kampuchea, or Thailand, to a U.S. citizen father.

Special Immigrants

  • Someone who is a religious worker;
  • Canal zone employee working for the government; an employee of the Panama Canal company;
  • International Organization Employee or the family member;
  • a juvenile court dependant;
  • an Iraq or Afghan national who worked as a translator for the US Armed Forces or who helped the US government;

HOW TO FILL THE FORM I-131?

You can fill out the form on a computer, typewriter or by hand. If you are filing it out by hand, you must write neatly in black ink. It is very important answer all of the questions. If a question does not apply, type or write “NA” in the appropriate space. Attach separate pieces of paper to the form if you need more room to answer any questions.

Properly filing Form I-360 reduces the likelihood of processing delays or errors in communications from USCIS. When filing, complete the address field and at least one name field in Part 1 of the form as indicated below:

  • If You are an organization filing on behalf of the beneficiary, then enter your organization name in Part 1, block 2 and any other relevant information in Part 1.
  • If You are an individual filing on behalf of the beneficiary, then enter your complete name in Part 1, block 1 and any other relevant information in Part 1.
  • If You filing for yourself (“self-petitioning”), then enter your complete name in Part 1, block 1 and any other relevant information in Part 1.

DOCUMENT CHECKLIST

VAWA Petitioners : Along with Form I-360, you must show evidence demonstrating you meet the requirements:

  • Form I-360;
  • Proof that shows you are the abuser’s spouse, child or parent;
  • A clear copy of your passport or birth certificate;
  • Copy of your passport page with nonimmigrant visa (if applicable)
  • Two passport-style photos along with your application;
  • A personal declaration that describes your relationship with the abuser;
  • Proof showing you lived with the abuser;
  • Any police clearance records or other evidence that demonstrates you are of good moral character;
  • Proof showing you suffered abuse, and that you currently live in the United States;

Widow(er) Petitioners: If your spouse filed Form I-130, Petition for Alien Relative, before his or her death, we will consider the petition as if you had filed an I-360. You should submit the following evidence/documentation with your application:

  • Two passport-style photos along with your application;
  • Form G-325A, Biographic Information;
  • Copy of your birth certificate;
  • Copy of your passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) or parole stamp (if applicable)
  • Form I-94, Arrival/Departure Record (if applicable)
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Approval letter (Form I-797) for Form I-130 (if applicable); Or
  • Form I-360 with all required documents, if filing at the same time (concurrently) with Form I-485; Or
  • Approval letter (Form I-797) for Form I-360 (If not filing concurrently);

FORM I-360 FILING INSTRUCTIONS

Where to File?

If you live outside the U.S., you cannot file Form I-485, Application to Register Permanent Residence or Adjust Status, either concurrently or after the approval of the Form I-360.  An individual outside the United States may apply for an immigrant visa at a U.S. consulate, if USCIS approves the Form I-360. Please see Direct Filing Addresses for Form I-360, Immigrant Petition for Amerasian, Widow(er) or Special Immigrant

Filing Fee for Petition I-360: $435

The following individuals are exempt from paying the $435 fee: 

  • Amerasians; (Box 1.A. on the form);
  • Self-petitioning abused spouses or children of U.S. citizens or permanent residents (Box 1.I. or Box 1.J. on the form);
  • Self-petitioning abused parents of U.S. citizens (Box 1.K. on the form);
  • Special Immigrant Juveniles (Box 1.C. on the form); or,
  • Iraqi nationals who worked for or on behalf of the U.S. government in Iraq (Box 1.L. or Box 1.M. on the form)
  • Afghan nationals who worked for or on behalf of the U.S. government in Afghanistan (Box 1.L. or Box 1.N. on the form).

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