Guide to USCIS Form I-360

Posted by in Immigrants | Updated on August 25, 2022

Form I-360 is one of the most complex forms in the American immigration system. This is because the form is used by so many groups of people who are then required to produce their own set of documents.

So, an immigrant filing the Form I-360 will follow, more or less, a different process than another immigrant filing the same form. In this guide, we’ll explain everything you need to know about Form I-360.

What is Form I-360?

Form I-360 is officially known as Petition for Amerasian, Widow(er), or Special Immigrant. It is a form document provided by the United States Citizenship and Immigration Services (USCIS) to help a particular group of eligible foreign nationals to classify them appropriately. After they’re classified, they can begin their green card process or lawful permanent resident status.

Who Needs Form I-360?

Not all aliens are eligible for Form I-360, and it is restricted to only a specific group of foreign nationals.

The form helps the USCIS to classify the alien as one of the following:

  • An Amerasian
  • A Widow(er) of an American citizen
  • Special Immigrants

The special immigrant category is further sub-categorized. The alien can be identified as:

  • Special Immigrant Juvenile dependent on US court
  • Religious Worker
  • Physician and medical graduates who have lived in the US for a long time
  • US Armed Forces member
  • Panama Canal company employee
  • Canal Zone Government employee/US Government in the Canal Zone
  • NATO-6 Civilian employee
  • G-4 International Organization employee
  • Broadcasters
  • A spouse or child abused/battered by an American citizen or lawful permanent resident
  • Parent abused by a US citizen as per the Violence Against Women Act (VAWA)
  • Afghan nationals who served for the US military or government or ISAF
  • Afghan nationals who worked as a translator for US Armed Forces
  • Iraqi nationals who worked for the US government in Iraq

After the classification, aliens are then granted their appropriate Special Immigrant Visa.

So if you fall under any of the above categories, then you can go ahead and file a petition.

Documents Required for Form I-360

The eligibility and documents required to file Form I-360 vary from category to category. Each of the categories mentioned above must meet its eligibility criteria. What documents you need to supplement primarily depends on your classification. After satisfying your eligibility criteria, here are document requirements for some common categories:

Amerasians

Amerasians are those aliens who are born in Asia to an American father and an Asian mother. The father should be serving in the military at the time of marriage. Those offsprings can apply for American citizenship under the American Homecoming Act. The documents requested would be:

  • Copies of evidence certifying the alien was born in one of the recognized Asian countries.
  • Copies of evidence certifying the percentage of the beneficiary and that the biological father was American (birth records, baptismal records, local civil records, proof of financial support received from father, photos of father and child together among others)
  • Photographs
  • Marriage certificates, if married
  • Form I-361, Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359
  • Documents confirming the sponsor is at least 21 years of age if filed by a sponsor

Widow(er) of a US Citizen 

If you’re a widow or widower of an American citizen and submitting Form I-360, then here are the documents you have to provide:

  • A copy of your marriage certificate
  • Evidence certifying your spouse’s citizenship to be American
  • State-issued death certificate of your spouse

Please note that if your spouse had already filed Form I-130 before his/her death and it is still pending, you need not file this petition.

VAWA Self-Petitioning Spouse Or Child

Battered spouse or children of American citizens must file the Form I-360 with the following pieces of evidence:

  • Copies confirming abuser’s citizenship as American
  • Copies confirming your legal relationship with the abuser (marriage and divorce decrees, birth certificate)
  • Documents suggesting you and the abuser have lived together for a considerable period (employment records, medical records, birth certificates of children together, rental records)
  • Evidence of the abuse (police filings, medical reports, court hearing reports)
  • Affidavit of good moral character cleared by local police if you are 14 years or older
  • Documents suggesting your marriage was entered in good faith

Petitioners are free to produce any legally-recognized documents that support the cause.

Special Immigrant Juvenile

Juveniles must be less than 21 years of age at the time of filing and declared dependent on a juvenile court. The documents which need to be submitted are:

  • Copy of the birth certificate or other documents proving his age
  • The court issued documents which establish the eligibility for the classification
  • Consent copies from the US Department of Health and Human Services or HHS if the juvenile is in their custody

For other categories, you are requested to refer to this document from USCIS. If someone is sponsoring you, you must obtain the Affidavit of financial support, confirming that your sponsor can bear your expenses.

How to Complete Form I-360?

Form I-360 is a 19-page document comprising 12 sections. Here’s a brief overview of which each part is about:

Section 1

In the first section, you’d have to provide your personal information like name, address, DOB, USCIS Online Account Number, A-number, among other details. You’re free to skip the blanks if they do not apply to you, or the numbers haven’t been assigned to you yet.

Section 2

The second section is where you classify yourself appropriately. This is a critical section and decides the fate of your application. If you’re an Amerasian, then tick the correct box.

Section 3

This section identifies the person for whom the petition is filed. If you’re self-petitioning, then this section is the same as section 1.

Section 4

Provide your processing preference option, with which consulate you want to proceed with.

Section 5 – Section 10

Questions from section five to ten vary greatly and depend on your particular case. So if you’re an Amerasian, then you have to fill out only those questions relevant to you while skipping the other ones. Similarly, if you’re a Widow(er), you answer questions pertinent to your case. So you need to be vigilant when answering sections five through ten.

Section 11

This is a declaration section where you’re affirming that the information you provided was accurate and truthful to your knowledge. Provide your declaration statement, signature, and contact details.

Section 12

You should skip this section if you’re self-petitioning. If you are filing for someone other than yourself, fill out the section.

There are two more sections: Section 13 and Section 14. The former is filled out by an interpreter (if used), and the latter is by someone who prepared the petition other than the alien or sponsor.

Where to Submit Form I-360?

Once completed, you’re requested to submit the form at your nearest consulate along with the documents. You should call USCIS at 1-800-375-5283 for the updated address.

Form I-360 Cost

The filing fee for Form I-360 is $435 and must be paid by check or money order. But the filing fee is nil for Amerasians, Special Immigrant Juvenile, VAWA petitioners, and Afghan/Iraqi nationals who have worked with the US government.

If you’re employing an attorney or availing translation services, then those would cost extra.

Read More

Conclusion

When filing Form I-360, it is essential to follow all directions mentioned in the form to avoid rejection or delays. In case of confusion, we recommend you get in touch with an attorney.


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