Fill out Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with Instafill.ai

Form I-360 can be filed by individuals who fall into one of the specific categories eligible for self-petitioning. These categories include Amerasians born in certain countries in Asia, widows or widowers of U.S. citizens, special immigrants such as religious workers, certain international organization employees, juvenile court dependents, armed forces members, certain physicians, and Afghan or Iraqi translators. Additionally, battered spouses or children of U.S. citizens or lawful permanent residents can file under the Violence Against Women Act (VAWA) provisions.

The different classifications under Form I-360 include: Amerasians, Widow(er)s of U.S. citizens, Special Immigrants which encompass religious workers, certain international organization employees, juvenile court dependents, armed forces members, certain physicians, Afghan or Iraqi nationals who have provided faithful service as translators with the U.S. government, and other specific categories defined by immigration law. It also includes individuals eligible under the Violence Against Women Act (VAWA) as battered spouses, children, or parents of U.S. citizens or lawful permanent residents.

Yes, a Violence Against Women Act (VAWA) self-petitioner can use Form I-360 to petition for lawful permanent residency without the abuser's knowledge or consent. This provision allows battered spouses, children, or parents of U.S. citizens or lawful permanent residents to file a petition on their own behalf to seek relief under U.S. immigration law.

The person or organization filing Form I-360 is required to provide detailed personal information, including full name, address, date of birth, country of birth, marital status, and immigration status if applicable. Additionally, evidence supporting the specific classification under which they are filing must be provided, such as proof of relationship to a U.S. citizen for widow(er)s, documentation of employment for special immigrants, or evidence of abuse for VAWA self-petitioners. The form also requires information about the petitioner's admissibility to the United States and may require supporting documents such as police clearances, affidavits, and other relevant evidence.

The fee for filing Form I-360 varies depending on the category under which the petitioner is applying. Some categories, such as those for Amerasians, Widow(er)s, and certain Special Immigrants, may be exempt from the filing fee. It is important to check the latest fee schedule on the U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney to determine the exact fee, if any, for your specific situation.

In some cases, Form I-360 can be filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status. This is typically allowed for certain eligible categories of special immigrants who are present in the United States and wish to adjust their status to that of a lawful permanent resident. However, eligibility for concurrent filing can be complex and depends on the specific circumstances of the petitioner. It is advisable to consult the USCIS policy guidance or an immigration attorney to determine if concurrent filing is an option for your case.

The evidence required with Form I-360 depends on the specific category under which the petitioner is applying. Generally, petitioners must provide documentation that supports their eligibility for the category they are applying under. This may include personal identification documents, proof of nationality, evidence of qualifications, affidavits, and other supporting materials as specified by the instructions for Form I-360. It is crucial to refer to the instructions for the specific category of the petition to ensure all required evidence is included.

A special immigrant juvenile (SIJ) qualifies for status under Form I-360 by meeting certain eligibility criteria. The juvenile must be under the age of 21, unmarried, and have been declared dependent on a juvenile court located in the United States. Additionally, the court must have determined that the juvenile cannot be reunited with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law, and that it is not in the best interest of the juvenile to be returned to their home country. The SIJ must also have an order from the juvenile court that provides custody or placement of the juvenile. The specific evidence and documentation required to support an SIJ petition should be carefully reviewed in the Form I-360 instructions.

The requirements for a special immigrant religious worker petition under Form I-360 include being a member of a religious denomination having a bona fide nonprofit religious organization in the United States for at least two years immediately before filing the petition. The petitioner must be coming to the U.S. to work in a full-time (average of at least 35 hours per week) compensated position in one of the accepted religious occupations. Additionally, the petitioner must have been working in the religious vocation, professional capacity, or other religious occupation for at least two years before filing the petition. Detailed requirements and evidence needed are outlined in the instructions for Form I-360 and should be reviewed carefully to ensure compliance with USCIS regulations.

Yes, a widow(er) of a U.S. citizen can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is used by a widow(er) to petition for lawful permanent resident status (a Green Card) based on their marriage to a U.S. citizen who has passed away. The widow(er) must file the petition within two years of the citizen spouse's death and must not have remarried.

The processing time for Form I-360 varies depending on the category of the petition and the workload of the U.S. Citizenship and Immigration Services (USCIS) office handling the case. Generally, processing times can range from several months to over a year. Applicants can check the current processing times for Form I-360 on the USCIS website or by contacting the USCIS Contact Center.

Yes, Form I-360 can be filed for an Amerasian individual. The form is specifically designed to allow Amerasians, who are individuals born in certain countries in Asia and have a U.S. citizen father, to petition for certain immigration benefits. Eligible Amerasians can use Form I-360 to seek to immigrate to the United States.

The validity period of the Office of Management and Budget (OMB) control number for Form I-360 is typically indicated on the form itself, near the OMB No. reference. This number is used for approval and tracking of government information collection, and the validity period is usually set for a few years. To find the current validity period, one should refer to the latest version of Form I-360 available from USCIS.

A Violence Against Women Act (VAWA) self-petitioning spouse, child, or parent can ensure their safety when providing an address to USCIS by using a safe mailing address. This could be an address where the abuser cannot access, such as a P.O. Box, a trusted family member's address, or the address of a domestic violence shelter. USCIS also has confidentiality provisions in place to protect the information of VAWA self-petitioners from disclosure to unauthorized individuals, including the abuser.

The 'Additional Information' section in Form I-360 is provided for applicants to include any supplementary details or explanations that could not be fully addressed in the previous sections of the form. This section allows the applicant to clarify any responses, provide additional context, or include information that may be relevant to their petition for classification as an Amerasian, Widow(er), or Special Immigrant. It ensures that the United States Citizenship and Immigration Services (USCIS) has all the necessary information to make an informed decision on the petition.

Yes, an interpreter or preparer can assist in completing Form I-360. If the applicant uses the services of an interpreter to read the instructions and questions on the form to them in a language they understand, the interpreter must fill out the 'Interpreter's Contact Information,' 'Certification,' and 'Signature' sections of the form. Similarly, if someone other than the applicant fills out the form on their behalf, that person is considered a preparer and must provide their information in the 'Preparer's Contact Information,' 'Declaration,' and 'Signature' sections. Both the interpreter and the preparer must sign and date the form, attesting to their assistance.

The USCIS Online Account Number is a unique identifier assigned to individuals who have created an account on the USCIS website to track their cases. It can be found on the account dashboard after logging in to the USCIS online account. This number is used to identify the user's file and correspondence with USCIS. It should be included on Form I-360 if the applicant has previously filed an application, petition, or request using the USCIS online filing system and has been assigned such a number.

If more space is needed to provide information on Form I-360, the applicant should use the 'Additional Information' section of the form. If the 'Additional Information' section is insufficient, the applicant may attach a separate sheet of paper. The applicant should indicate the page number, part number, and item number to which the answer refers, and sign and date each additional sheet. This ensures that the information is organized and can be easily matched to the corresponding sections of the form.

An applicant cannot directly request an Employment Authorization Document (EAD) when filing Form I-360. After the I-360 petition is approved, the applicant may then be eligible to apply for an EAD by filing Form I-765, Application for Employment Authorization, with USCIS. The EAD application can be filed concurrently with an application for adjustment of status (Form I-485) if the applicant is eligible, or it can be filed after the I-360 approval if the applicant is waiting for a visa number to become available. The EAD allows the applicant to work legally in the United States while their immigration case is being processed.

You can download a printable version of Form I-360 here.