PETITION FOR WIDOWER OR SPECIAL IMMIGRANT FORM I-360

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;

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);