USCIS I-360 Form: Everything You Need to Know

A petition for Amerasian, Widow(er), or Special Immigrant is filed on USCIS Form I-360. Individuals who may be eligible for special immigration advantages based on their circumstances, such as widows/widowers of US citizens, certain religious workers, and Iraqi and Afghan nationals who have aided the US government, utilize this form. For people seeking lawful permanent resident status in the United States, understanding the qualifying requirements, filing procedures, and potential benefits of Form I-360 is critical. In this blog post, we will look at the most frequently asked questions about USCIS Form I-360 in order to help you navigate the process confidently.

An Overview Of The I-360 Form

What Is Form I-360?

Form I-360 is a petition for people who qualify for specific immigrant categories. Thanks to that, lawful permanent residence, often known as a green card, under one of the unique immigration categories can be obtained. The form is handled by the US Citizenship and Immigration Services (USCIS).

What Is Form I-360 Used For?

Form I-360 is used for a variety of immigration-related purposes, including petitions for individuals who have suffered abuse or extreme cruelty at the hands of a U.S. citizen or lawful permanent resident spouse or parent, petitions for special immigrant religious workers, and petitions for individuals who have been granted SIJ (Special Immigrant Juvenile) status by a juvenile court. Overall, Form I-360 is a crucial tool for individuals seeking lawful permanent residency in the United States based on specific circumstances, and it can pave the road to increased opportunities and stability in their lives.

Eligibility Requirements for Form I-360 Petition

Who Is Eligible To File Form I-360?

USCIS Form I-360 is used to apply for special immigrant status under a variety of categories, including but not limited to:

• Religious workers

• Special immigrant juveniles

• Afghan or Iraqi nationals who worked for or on behalf of the U.S. government

• International broadcasters

• Physicians

• Armed forces members

• Certain employees or former employees of the U.S. government abroad

• Abused spouses and children of U.S. citizens or lawful permanent residents under the Violence Against Women Act (VAWA) self-petitioning provisions

• Abused spouses and children of U.S. citizens or lawful permanent residents under the VAWA cancellation of removal provisions

• Widow(er)s of U.S. citizens.

• Amerasian

Certain individuals who may be qualified for special immigrant benefits can obtain USCIS Form I-360. The qualifying requirements for Form I-360 differ according to the type of benefits sought.For example, if you apply as an Amerasian immigrant, you must demonstrate that you are the child of a U.S. citizen father or mother who lived in Vietnam, Cambodia, or Laos during specific time periods. You must be under the age of 21 and unmarried if you are filing as a special immigrant juvenile, and you must have been mistreated, abandoned, or neglected by one or both parents. Other categories of eligibility include religious workers, Afghan or Iraqi nationals who have supported the US government, and widows/widowers of US citizens, among others. Before submitting Form I-360, it is critical to understand the exact qualifying requirements for the sort of special immigrant benefits you are seeking.

Navigating Form I-360

What Documents Are Needed For I-360?

Several papers must be submitted with Form I-360 to substantiate your eligibility for the immigration benefit you seek. These may differ depending on the category of your I-360 petition. Documents commonly requested for I-360 include:

• A copy of your passport, birth certificate, or marriage certificate, as proof of your identity and eligibility to file.

• If applicable, provide proof of your relationship to the petitioner.

• A copy of your visa or Form I-94 Arrival/Departure Record, as proof of your immigration status.

• If applicable, documentation of any criminal past.

• Evidence of abuse or extreme hardship that meets the precise eligibility standards for the I-360 category you are filing under.

According to categories, additional documents may be needed. To ensure that all essential documents are provided and the petition is properly supported, it is critical to thoroughly follow the instructions for Form I-360 or consult with an immigration attorney or qualified agent.

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How To Translate The Required Documents?

If you need to submit documents that are not in English for your I-360 form, you must have them translated. All translations must be certified by USCIS and contain a signed statement from the translator indicating that the translation is accurate and complete. That is, you will need a certified translation.The translator's entire name, address, and date of certification must also be included in the statement. You can hire a professional translation agency which is conversant in both languages. Include the original document and a translated copy, as well as the certification statement, when submitting your I-360 form and accompanying papers. Keep in mind that if further information or papers are required, USCIS may request them, and delays may arise if translations are not accurate or comprehensive. You can find everything you need to know about certified translation in this blog article.

How To Fill Out Form I 360?

If you intend to file a USCIS Form I-360, it is critical that you thoroughly fill out the form in order to avoid delays or denials in your application. Here are some actions to take when completing Form I-360:

1- Download the form from the USCIS website and carefully read the instructions to understand the eligibility requirements and supporting documentation required for your specific category.

2- Provide your personal information, such as your name, address, and birth date.

3- Indicate the category for which you are applying and submit any supporting documentation.

4- Give details about your current immigration status as well as any previous immigration history.

5- Respond truthfully and accurately to all questions, and supply any extra information requested.

6- Sign and date the form, and include the applicable filing fee or apply for a fee waiver.

7- Send the completed form to the nearest USCIS service center.

Remember to double-check your answers and submit all necessary supporting documents with your application. If you are unsure about any aspect of the process, seek advice from an immigration attorney or an accredited representative.

What Is The Filing Fee For Form I-360?

The filing fee for USCIS Form I-360 varies according to the type of special immigrant benefits sought. The filing fee for most categories is $435. There are some exceptions, such as Asian immigrants who are exempt from the filing fee, and certain Afghan and Iraqi nationals who have supported the US government and may be eligible for a fee waiver. It is critical to speak with an immigration attorney or check the USCIS website to confirm you are submitting the correct filing fee for your specific category of special immigrant benefits. Furthermore, USCIS may change the filing costs for Form I-360 on a regular basis, so be sure to check the current fee schedule before submitting your application.

How Do I Submit An I-360 Form?

First, you should complete all the steps that we talk about at ‘’How to fill out i 360’’. That is, after downloading the form and providing all required information, you can send the original form and supporting documents to the appropriate USCIS Lockbox facility and you can wait for USCIS to process your petition. To avoid application delays or denials, carefully follow all directions and provide accurate information.

Status of I-360: Approved or Denied

How Long Does It Take For I-360 To Be Approved?

The processing time for USCIS Form I-360 varies according to the case's complexity and the workload of the USCIS office handling the petition. A Form I-360 might take anywhere from several months to over a year to be processed by USCIS. Some cases, however, may be processed more rapidly, particularly those filed under expedited processing owing to an emergency or compelling circumstance. To find out what the current processing times are for Form I-360, go to the USCIS website or call the USCIS National Customer Service Center. It is crucial to remember that processing times may fluctuate over time, thus it is critical to stay up to current on any modifications or changes to Form I-360 processing timelines.

What Happens After I 360 Is Approved?

The next stages depend on your individual circumstances and the category of special immigrant benefits you were given after USCIS approves your Form I-360 petition. If you are seeking adjustment of status in order to become a lawful permanent resident, you may be required to submit additional paperwork and attend an in-person interview with a USCIS officer. If you are already in the United States and qualify for adjustment of status, you may be able to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with or after your Form I-360 is granted. If you are not in the United States, you must apply for your immigrant visa through consular processing. Furthermore, if you were granted special immigrant status based on your job, you may be required to complete Form I-485 with your company as the petitioner separately. It is critical to note that even if your Form I-360 is granted, you must continue to meet the requirements for your special immigrant category in order to keep your status. It is strongly advised that you speak with an expert immigration attorney or examine the USCIS website for full advice on what to do after your Form I-360 is approved.

Can I Appeal If My Form I-360 Is Denied?

If your USCIS Form I-360 is rejected, you may be able to appeal the decision. Depending on the type of special immigrant benefits sought and the exact reasons for refusal, the appeals process differs. For example, if your Form I-360 was denied due to ineligibility, you may be entitled to make a motion to reopen or reconsider with the USCIS office that issued the rejection. If your appeal is denied, you may be entitled to petition the Administrative Appeals Office (AAO) for review. It is crucial to note, however, that the appeals process can be complicated and time-consuming, and it is strongly advised to seek the advice of an experienced immigration attorney. Furthermore, there may be stringent deadlines for submitting appeals, so if you decide to seek an appeal, you must act swiftly.

FAQs on I-360

Can I File Form I-360 Concurrently With Other Forms?

It is possible to file USCIS Form I-360 concurrently with other forms in some cases, but this is dependent on the exact circumstances and type of special immigrant benefits requested. If you are applying as a special immigrant juvenile and want to convert your status to lawful permanent residence, you may be eligible to file Form I-360 and Form I-485 (Application to Register Permanent Residence or convert Status) concurrently. However, you may need to wait until your Form I-360 is authorized before filing other forms for other categories of special immigrant benefits. To establish whether you are eligible to file Form I-360 concurrently with other forms for your specific category of special immigrant benefits, speak with an immigration attorney or check the USCIS website.

Can I File I 360 And I 485 Together?

Yes, in some situations, Form I-360 and Form I-485 (Application to Register Permanent Residence or Adjust Status) can be filed concurrently. This is referred to as concurrent filing. The category of special immigrant benefits sought and the standards established by USCIS determine eligibility for concurrent filing. Individuals who qualify for adjustment of status as immediate relatives of US citizens or under the special immigrant juvenile category, for example, may be permitted to complete Form I-360 and Form I-485 concurrently. Before submitting both forms together, it is critical to carefully study the eligibility criteria and filing requirements.

How To Fill I 360 Form For SIV?

In order to fill out the I-360 form for Special Immigrant Visa (SIV) applicants, you will need to follow these steps:

• As we said below, the form is available for download from the USCIS website. Please ensure that you download the most recent version of the form.

Provide your personal information: Part 1 of the form requires you to provide your personal information, which includes your full name, date of birth, address, and contact information.

Provide information about your eligibility for SIV: Part 2 of the form requires you to supply information concerning your SIV eligibility, such as your employment history and relationship with the US government or military.

Provide information about your family members: You must submit information about your family members, including your husband and children, in Part 3 of the form.

Provide information about your immigration history: You must submit information about your immigration background in Part 4 of the form, including your current immigration status and any past petitions for immigration benefits.

Provide additional information and signatures: Part 5 of the form requires you to submit any additional information needed for your specific SIV category, as well as sign and date the form.

Submit the form and required documents: The completed I-360 form, along with any needed supporting papers and the filing fee, must be submitted to the USCIS address specified on the form.

It is crucial to remember that the I-360 form can be complicated and that extra documentation and evidence may be required to confirm your application for SIV. As a result, it is strongly advised that you obtain the advice of an experienced immigration attorney or an accredited representative to ensure that your application is complete and accurate.

Can I File Form I-360 If I Am Outside The United States?

In certain circumstances, you may be able to file USCIS Form I-360 if you are outside the United States. For example, if you are a special immigrant working abroad for a U.S. business and meet certain qualifications, you may be entitled to file Form I-360 under the special immigrant category for international broadcasters. Furthermore, depending on the exact category of special immigrant benefits requested and the eligibility conditions for that category, certain religious employees may be permitted to complete Form I-360 while outside the United States. It is crucial to remember that if you file Form I-360 while outside the United States, you must do so at the proper United States embassy or consulate, and your application will be subject to additional processing timeframes and restrictions. It is strongly advised that you speak with an experienced immigration attorney or review the USCIS website to establish whether you are eligible to file Form I-360 for your specific category of special immigrant benefits while outside the United States.

Is There Premium Processing For I-360?

USCIS provides a premium processing service for certain forms, however Form I-360 is not one of them. Premium processing permits applicants to receive a decision on their application within 15 calendar days of submitting their request and paying an extra cost to USCIS. Form I-360, on the other hand, is not one of the forms that are qualified for premium processing.

Can I File Form I-360 If I Am In Removal Proceedings?

Depending on your unique circumstances, you may be able to file USCIS Form I-360 if you are in removal proceedings. For example, if you are a victim of abuse or domestic violence and meet specific criteria, you may be eligible to file Form I-360 under the Violence Against Women Act (VAWA) and request that your removal proceedings be halted. Similarly, if you are the battered spouse or child of a U.S. citizen or lawful permanent resident, you may be eligible to file Form I-360 under the VAWA self-petitioning provisions and ask for your removal proceedings to be terminated. It is crucial to note that submitting Form I-360 does not automatically stop removal proceedings; you must seek termination individually with the immigration court. If you are in removal proceedings and considering filing Form I-360, it is strongly advised that you obtain the advice of an experienced immigration attorney.

Can I Convert Approved I-130 To I-360?

Yes, under certain conditions, an authorized I-130 petition can be converted to an I-360 petition. If an individual has already submitted an I-130 petition but later becomes eligible for VAWA relief, the I-130 petition may be converted to an I-360 petition. This would allow them to continue their immigration proceedings without having to file a new petition. However, in order to confirm eligibility and properly file the relevant paperwork and supporting documentation, it is critical to speak with an expert immigration attorney.

Which Email To Send Form I360?

Normally, email applications for Form I-360 are not accepted by USCIS. However, An Afghan translator, interpreter, or employee who worked for the US government or the International Security Assistance Force (ISAF) may email their forms with required documents by scanning them and sending them to nsci360sivapp@uscis.dhs.gov. For the other petitioners, the form must be physically mailed to the USCIS address listed in the instructions. As a result, it is advised to follow USCIS's instructions and check out the address where you mail the completed form.

How Do I Check My I-360 Status?

You can utilize the USCIS website's online Case Status Checker to determine the status of your I-360 petition. Your receipt number, which can be found on your receipt notification or any USCIS communication, will be required. The Case Progress Checker will provide you with real-time updates on the progress of your I-360, such as whether it is still pending, has been authorized, or whether any additional evidence or interviews are required. You can also ask about the status of your I-360 petition by calling the USCIS National Customer Service Center at 1-800-375-5283.

Can I Stay In The Us While Waiting For I-360 Approval?

You are allowed to remain in the country while Form I-360 is being processed, but it's very important to keep your legal immigration status, ensure that you fit the requirements for the special immigrant category, and seek advice from an immigration lawyer regarding your particular circumstances.

In conclusion, the I-360 form is a crucial application for individuals seeking immigration benefits based on certain qualifying relationships, employment, or humanitarian grounds. It is important to carefully review the eligibility requirements and submit all required documents to ensure a successful application. While the process can be complex and time-consuming, it can lead to important opportunities, such as obtaining work authorization, protection from removal, and potentially even a path to lawful permanent residency. Seeking guidance from an experienced immigration attorney or accredited representative can also be helpful in navigating the I-360 process.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”