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

Download Instructions for Form I-360

Download Form I-360

Download Checklist for Religious Workers

Purpose of Form :

This petition is used to classify an alien as: 1. An Amerasian; 2. A Widow or Widower; 3. A Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident; or 4. A special immigrant. A special immigrant is defined as one of the following: A. Religious Worker; B. Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee; C. Physician; D. International Organization Employee or Family Member; E. Juvenile Court Dependent; F. Armed Forces Member; G. Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator; H. Iraq national who worked for or on behalf of the U.S. Government in Iraq or I. an Afghan national who worked for or on behalf of the U.S. Government in Afghanistan.

Number of Pages :

Form 12; Instructions 11.

Edition Date :

01/18/11; (11/23/10; 11/08/10; 12/30/09 edition also accepted.)

Where to File :

Please note that the filing locations have recently changed. Please review the Filing Chart listed in “Related Links” in the upper right corner of this web page for the most current guidance on where to file your application.

If you are filing at a lockbox, important filing tips, as well as additional information on fees and customer service, are listed on our Lockbox Filing Tips webpage.

E-Notification:  If you want to receive an e-mail and/or a text message that your Form I-360 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.  Form G-1145 can be downloaded through the link above.

Filing Fee :

$405. See Special Instructions.

Special Instructions :

There is a fee of $405, except for:

Amerasians; (Box 2a on the form);

Self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents (Box 2i or 2j on the form);

Special Immigrant Juveniles (Box 2c. on the form); or,

Iraqi Nationals who worked for or on behalf of the U.S. Government in Iraq (Box 2k or 2l on the form)

Afghan Nationals who worked for or on behalf of the U.S. Government in Afghanistan (Box 2k or 2m on the form).

Note: Religious Workers may not file Form I-360 with Form I-485 per the recent decision by the Ninth Circuit Court of Appeals, which overturned the permanent injunction issued by the District Court in Ruiz-Diaz v. United States, No. 09-35734.

Attestation for Special Immigrant Religious Worker Classification

Effective November 26, 2008, all petitioners filing the I-360 petitions for special immigrant religious workers are required to submit the Employer Attestation contained in the Form I-360. If applicable, the petitioner is also required to submit the Religious Denomination Certification contained in the Form I-360. Please refer to the form’s instructions for further details.

Widow(er)s of Deceased U.S. Citizens

If you are the widow(er) of a U.S. citizen, a recent change in the law may affect your ability to immigrate.  Section 568(c) of Public Law 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than 2 years when your spouse died.  This change took effect on October 28, 2009, when the President signed the new law.  As a result, you may now file Form I-360 for Special immigrant classification as a widow/widower, even if you were married less than 2 years when your spouse died.

You must still file your Form I-360 no later than 2 years after the citizen’s death.  If your spouse died before October 28, 2009, however, and you were married for less than 2 years, you can file a Form I-360 for Special Immigrant Classification as a widow/widower, so long as you do so no later than October 28, 2011.

Your eligibility to immigrate as the widow(er) of a U.S. citizen ends if you remarry before you immigrate.

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