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  4. Petition for Amerasian, Widow(er), or Special Immigrant

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

Alert: We recently updated the filing location for Special Immigrant Juveniles filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or Form I-485, Application to Register Permanent Residence or Adjust Status.

We recently updated the filing location for Special Immigrant Juveniles filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or Form I-485, Application to Register Permanent Residence or Adjust Status.

Petitioners previously filed both forms at the Chicago lockbox. Petitioners will now file at the lockbox associated with where they live.

Visit our USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the filing location based on where you live.

Use this form to classify an alien as:

  • An Amerasian (born after Dec. 31, 1950, and before Oct. 23, 1982);
  • The widow(er) of a U.S. citizen;
  • A  VAWA self-petitioning spouse of an abusive U.S. citizen or lawful permanent resident;
  • A VAWA self-petitioning child of an abusive U.S. citizen or lawful permanent resident;
  • A VAWA self-petitioning parent of an abusive U.S. citizen son or daughter who is 21 years old or older; or
  • A special immigrant. We define a special immigrant as one of the following:
    • Religious worker;
    • Panama Canal company employee, Canal Zone government employee, or U.S. government in the Canal Zone employee;
    • Physician licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;
    • International organization or NATO-6 employee or family member;
    • Juvenile  who needs the protection of a juvenile court because they have been abused, neglected or abandoned by a parent;
    • U.S. armed forces member;
    • Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
    • Iraqi national who worked for or on behalf of the U.S. government in Iraq;
    • An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan; or
    • Broadcasters for the United States Agency for Global Media (USAGM) or for a USAGM grantee.

Other classifications not listed above may also be eligible to use Form I-360. Please read the form instructions for more information.

What This Form Can Help You Do

EB-4: Employment-Based Immigration - Permanent Workers - Special Immigrants
Green Card (Permanent Resident Card) for a Widow(er) of a U.S. Citizen
Green Card for Abused Spouse, Child or Parent of U.S. Citizen

Forms and Document Downloads

Form I-360 (PDF, 792.71 KB)
Instructions for Form I-360 (PDF, 458.58 KB)
Optional Checklist for Form I-360 Special Immigrant Religious Worker Filings (PDF, 253.99 KB)

Form Details

Edition Date

07/15/22. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. If any of the form’s pages are missing or are from a different edition of the form, we may reject your form.

If you need help downloading and printing forms, read our instructions. 

Where to File

Where you file depends on your eligibility category, where you live, and whether you are also filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (known as “concurrent filing”). For a complete list of addresses, visit our Direct Filing Addresses for Form I-360 page.

VAWA Self-Petitioning Spouses, Children, and Parents
File your Form I-360 at the Nebraska Service Center. For more information, visit our Direct Filing Addresses for Form I-360 page.

Special Immigrant Juvenile
Where you file your Form I-360 depends on your eligibility category. For more information, visit our Direct Filing Addresses for Form I-360 page.

When to File

Afghan citizens or nationals who already started the SIV application process and received COM approval on or before July 20, 2022, must still file a Form I-360 with USCIS on their own behalf. For individuals in the United States with COM requests pending on July 20, 2022, please reference the chart below.

Afghan nationals located in the United States
IfThen
COM pending and have a signed DS-157Once COM and DS-157 are approved, file form I-485
COM pending and have an unsigned DS-157Once COM is approved, file form I-360
COM pending and have no DS-157Once COM is approved, file form I-360
COM approved before 7/20/22File Form I-360
I-360 pending with USCISOnce I-360 is approved, file Form I-485
Filing Fee
$435.

However, you are exempt from paying the fee if you are: 

  • An Amerasian; (Box 1.A. on the form);
  • A  VAWA self-petitioning spouse of an abusive U.S. citizen or lawful permanent resident (Box 1.I.  on the form);
  • A VAWA self-petitioning child of an abusive U.S. citizen or lawful permanent resident (Box 1.J. on the form);
  • A VAWA self-petitioning parent of an abusive U.S. citizen son or daughter (Box 1.K. on the form);
  • A Special Immigrant Juveniles (Box 1.C. on the form); 
  • An Iraqi national who worked for or on behalf of the U.S. government in Iraq (Box 1.L. or Box 1.M. on the form); or
  • An Afghan national who worked for or on behalf of the U.S. government in Afghanistan (Box 1.L. or Box 1.N. on the form).

You may pay the fee with a money order, personal check, cashier’s check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.

Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. Because of this, you must pay each filing fee separately for any form you submit. We may reject your entire package if you submit a single, combined payment for multiple forms.

If you are required to pay a fee for your petition or are unable to submit your petition electronically, you may still follow the form instructions and submit the Form I-360 by mail.

Checklist of Required Initial Evidence (for informational purposes only)

View the checklist of required initial evidence.

Form Filing Tips

Filing Tips: Go to our Tips for Filing Forms by Mail page for information on how to help ensure we will accept your application.

Don’t forget to sign your form. We will reject any unsigned form.

Special Instructions

New Filing Process for Afghan Special Immigrant Visa Petitions

Effective July 20, 2022, Afghan nationals seeking a Special Immigrant Visa (SIV) must file Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, with the Department of State (DOS) when applying for Chief of Mission (COM) approval. This replaces the previous two-step process where Afghan nationals must first seek COM approval from DOS and then apply for SIV classification by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS.

Attestation for Special Immigrant Religious Worker Classification

If you are filing Form I-360 for a special immigrant religious worker, you must submit the employer attestation in Form I-360. If applicable, you are also required to submit the religious denomination certification in Form I-360. See the form instructions for more information.

Widow(er)s of Deceased U.S. Citizens
At one time, section 201(b)(2)(A)(i) of the Immigration and Nationality Act said a citizen’s surviving spouse could file an immigrant visa petition if the citizen and surviving spouse had been married at least two years. On Oct. 28, 2009, section 568(c) of Pub. L. 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 two years when your spouse died. You must still file your Form I-360 no later than two years after your spouse’s death.

Your eligibility for classification as the widow(er) of a U.S. citizen based on a Form I-360 that you file after your citizen spouse died ends if you remarry before you immigrate or adjust status.

If your deceased citizen spouse filed a Form I-130, Petition for Alien Relative, before they died, you do not need to file a Form I-360 because we automatically converted your spouse’s Form I-130 to a Form I-360. If your immigrant visa petition was originally filed as a Form I-130, your remarriage does not necessarily mean you cannot immigrate. Section 204(l) of the Immigration and Nationality Act allows us to approve the petition as a Form I-130, even if you have remarried.

E-Notification: If you want to receive an e-mail and/or a text message that we have accepted your form at a USCIS lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your petition.

Related Links
  • Fact Sheet: USCIS To Process Applications of Widow(er)s of Deceased U.S. Citizens
  • Immigrant Visa Petitions Returned by the State Department Consular Offices
  • VIBE Program
Last Reviewed/Updated:
02/08/2023
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