Petition for Amerasian, Widow(er), or Special Immigrant (2023)

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

(Video) Learn How to Fill the Form I-360 Petition for Amerasian, Widow(er), or Special Immgrant

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)

(Video) Green Card for a Widow(er) of U.S. Citizen

Form Details

Edition Date

Dates are listed in mm/dd/yy format.

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 Vermont 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.

(Video) Special Immigrant Juveniles: often the best green card option for children.

Filing Tips: Go to our Form Filing Tips page for information on how to help ensure we will accept your form.

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

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, or cashier’s check. When filing at a USCIS lockbox facility, you may also 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.

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.

Special Instructions

New Filing Process for Afghan Special Immigrant Visa Petitions

(Video) I 360 Petition + Green Card

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.

When to File Form I-360 with USCIS

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 isapproved, file form I-360
COM pending and have noDS-157Once COM isapproved, 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

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

FAQs

What is an Amerasian Uscis? ›

Congress enacted the Amerasian Act on October 22, 1982 to allow a person born in Korea, Vietnam, Laos, Kampuchea (Cambodia), or Thailand after December 31, 1950 and before October 22, 1982, and fathered by a U.S. citizen, to seek admission to the United States and adjustment of status to lawful permanent resident (LPR) ...

What is considered a special immigrant? ›

They are “religious workers, special immigrant juveniles, certain broadcasters, certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members, certain employees of the U.S. government who are abroad and their family members, members of the U.S. armed ...

Who has special preference for immigration? ›

First Preference: Unmarried adult children (including adopted children) of U.S. citizens over the age of 21. Second Preference: Spouses of permanent residents (green card holders) and their children regardless of their ages. Third Preference: Married children of U.S. citizens, their spouses and their minor children.

Can I stay in US while I-360 is pending? ›

Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...

What are the 4 types of immigrants? ›

In U.S. immigration, there are four main categories of immigration status, including U.S. citizens, permanent or conditional residents, non-immigrants, and undocumented immigrants.

How long does it take for I-360 special immigrant to be approved? ›

While USCIS generally adjudicates Form I-360 petitions for SIJ classification within 180 days, this time frame does not apply to Form I-485. If we approve your SIJ petition, we will send you an approval notice.

What are the 3 types of immigrants? ›

Classification of admission category of immigrant
  • 1 - Economic immigrant. ...
  • 2 - Immigrant sponsored by family. ...
  • 3 - Refugee. ...
  • 4 - Other immigrant.
18 Oct 2022

How can I become a special immigrant? ›

The INA defines a special immigrant juvenile as a person who has been declared dependent on a juvenile court or who has been placed in the custody of an agency or individual because one or both of the child's parents are not able to care for the child due to abuse, neglect, abandonment, or a similar basis under state ...

Is a Special Immigrant Visa the same as a green card? ›

A special immigrant is a noncitizen who qualifies for a Green Card (permanent residence) after meeting certain criteria. Depending on the classification, an employer or the noncitizen must file a petition with USCIS.

How long it takes to petition brothers or sisters? ›

Most Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.

How many special immigrant visas are there? ›

Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, authorizes the issuance of up to 50 Special Immigrant Visas (SIVs) annually to Iraqi and Afghan translators and interpreters working for the U.S. military and who meet certain requirements.

Who are family preference immigrants? ›

Read More About: US Family Immigration

First Preference (F1) – unmarried sons and daughters (21 years of age and older) of US citizens. Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents.

Can I travel after I-360 approved? ›

Yes, but remember that the notice of approval you receive from the USCIS is not valid for reentry into the United States.

How long does it take to get green card after i360 approved? ›

When you file the I-360 form with the attached evidence, it may take between 16 to 21 months to process your VAWA petition fully. USCIS will issue a Prima Facie Determination Notice to VAWA petitioners who qualified and fulfilled requirements.

What next after I-360 is approved? ›

After USCIS approves your I-360, you can begin to prepare your application to adjust your status (receive a green card). If the abuser is a U.S. citizen, you are eligible to apply to adjust status as soon as your I-360 has been approved.

How many times can a U.S. citizen sponsor a spouse? ›

While there isn't a specific numerical limit for sponsors, U.S. citizens and legal residents can only sponsor limited cases for close family members. This means that if you want to sponsor two different close relatives, the U.S. Citizenship and Immigration Services (USCIS) will allow you to file two separate petitions.

How do I check my immigration status? ›

Typically, you can find your status at last entry on your nonimmigrant visa or Form I-94. However, if you changed your status since arriving, your visa category may be different. In this case you can likely find your current immigration status on a Form I-797A, Notice of Action.

How can I check my immigration status? ›

  1. Determine if you are eligible to apply for a Green Card. ...
  2. You or someone else must file an immigrant petition for you (if applicable) ...
  3. Check visa availability (if applicable) ...
  4. File Form I-485. ...
  5. Go to your Application Support Center appointment. ...
  6. Go to your interview (if applicable)
25 Sept 2020

How long does it take to bring spouse to USA 2022? ›

The I-485 processing time is the same for citizen and noncitizen spouses, ranging from 10 to 29 months as of August 2022. Although processing time can be much longer if your receive an RFE due to incomplete application details.

How long does SIV process take 2022? ›

The Afghan Allies Protection Act states that the Department and the Department of Homeland Security should complete the entire SIV process within 9 months of receiving a complete application.

How long does it take for immigration judge to make a decision? ›

Due to a large backlog of immigration cases, it can take months or even years for an immigration case to be decided. In California, the average time to complete an immigration case is 2-3 years, depending on whether the case involves a criminal conviction (which takes longer).

What are the 5 types of immigrants? ›

There Are Many Different Types Of Immigration Status. As An Immigrant, You Might Be One Of The Following:
  • United States Citizen. If you were born in the United States, you are a U.S. citizen, even if you were raised in another country. ...
  • Lawful Permanent Resident (LPR) ...
  • Temporary Visitor. ...
  • Undocumented Immigrant.

What are the different types of immigrant status? ›

When immigrating to the US, there are four different types of immigration status categories that individuals may fall into: citizens, residents, non-immigrants, and undocumented immigrants.

What is an immigrant visa called? ›

The type of visa is determined by the purpose of your travel to the United States. An immigrant visa (IV) is issued to a person wishing to live permanently in the United States.

Who is eligible for SIV? ›

Iraqi and Afghan Translator/Interpreter SIV Program (1059):

You must be a citizen of Afghanistan or Iraq; and. You have worked directly with the U.S. Armed Forces or the Chief of Mission as a translator or interpreter for at least 12 cumulative months; and.

How much does it cost to petition for a sibling? ›

The minimum cost to petition a relative is $1,400-$1,900 per immigrant. Form I-130, Petition for Alien Relative is the form that a U.S. citizen or a lawful permanent resident submits to USCIS to sponsor a qualified relative for permanent residence in the United States.

Can you work on a Special Immigrant Visa? ›

Special Immigrant Visa holders have permanent residence in the United States and are often referred to as “Special Immigrant LPRs" or "Special Immigrant CPRs.” Like other permanent residents, they can live and work in the United States based on their status as permanent residents.

Is special category visa permanent resident? ›

SPECIAL CATEGORY (SUBCLASS 444)

The Special Category Visa (SCV) Subclass 444 is a temporary visa that allows New Zealand citizens to live, work and study in Australia. As a temporary resident, SCV holders do not have the same rights and benefits as Australian Citizens or permanent residents.

Who has a special category visa? ›

The Special Category visa (subclass 444) is a temporary visa that lets you stay and work in Australia as long as you remain a New Zealand citizen. The Special Category visa is a temporary visa and you do not have the same rights and benefits as Australian citizens or permanent residents.

How long is an SIV visa good for? ›

For most employment services and other services aimed at economic self-sufficiency, the eligibility period is five years from the date you received an SIV or SQ/SI parole.

What is the fastest way to petition my sister? ›

5 Simple Steps to Bring Your Sibling to the U.S.
  1. File Form I-130.
  2. Receive Form I-130 Approval and Proceed to the National Visa Center.
  3. File an Affidavit of Support.
  4. Bring Sibling to the U.S. on an Immigrant Visa.
  5. Wait for the Permanent Resident Card.
15 Nov 2022

How long does it take to sponsor a brother to USA 2022? ›

Status Adjustment Application for Applicants In the U.S.

You will need to file the I-485, Application to Register Permanent Residence or Adjust Status to adjust your status and receive your green card. On average, the I-130 filed by your sponsor takes between 6 to 12 months to be processed.

Will USCIS speed up 2022? ›

USCIS committed to improving processing times for petitions and key documents back in March 2022, which we reported on in detail here. Specifically, USCIS announced the following goals: I-765 Employment Authorization Document (EAD): within three months.

What are the five types of immigrant visas you can apply for? ›

Employer Sponsored – Employment
  • Priority workers [First]
  • Professionals Holding Advanced Degrees and Persons of Exceptional Ability [Second]
  • Professionals and Other Workers [Third]
  • Employment Creation/Investors [Fifth]
  • Certain Special Immigrants: [Fourth]

What is a special visa holder? ›

This temporary visa allows you to visit, study, stay, and work in Australia, if you are a New Zealand citizen and meet the eligibility criteria. It is usually applied for each time you enter Australia.

What is special permit visa? ›

Work Visas: Special Work Permit (SWP)

The Special Work Permit (SWP) is a work permit intended for short term assignments/employment of up to 6 months. A locally registered company must be willing to serve as the Petitioner. The SWP is good for 3 months during the initial application and extendible for another 3 months.

Who qualifies for a family preference visa? ›

Family member of a lawful permanent resident, meaning you are the: Spouse of a lawful permanent resident. Unmarried child under the age of 21 of a lawful permanent resident. Unmarried son or daughter of a lawful permanent resident 21 years old or older.

What is preference based family petition? ›

U.S. immigration law provides for "family preference" categories through which U.S. citizens and lawful permanent residents may file immigrant petitions on behalf of certain relatives. The purpose of the family preference petition is to reunite families.

Why is F3 visa so slow? ›

F3 Visa Processing Time

Since there is a very limited number of F3 visas allotted each year, the USCIS takes time to process applications thoroughly. Due to the number of applications received each year by USCIS, the processing time ranges from one to ten years.

Is there an interview for VAWA green card? ›

USCIS will not interview you about your VAWA self-petition and there is no court date so you will not have to testify about the abuse. USCIS will decide whether to grant your self-petition based on the written evidence that you submit.

Can I leave U.S. while waiting for green card? ›

If you leave the United States while your green card application is pending and you don't have a travel document, U.S. Citizenship and Immigration Services (USCIS) will consider your green card application abandoned and will deny it.

Can I remarry after VAWA approval? ›

VAWA and Remarriage

A VAWA self-petitioner who has been subject to battery or extreme cruelty must wait to get remarried until after USCIS approves the VAWA self-petition (Form I-360). The immigration petition is invalidated if the applicant remarried before USCIS approves the petition.

Can I stay in U.S. while I-360 is pending? ›

Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...

How long does it take to get green card after Biometrics 2022? ›

For example, after your biometric screening, scheduling a Green Card interview may take from several months to several years. Green Card renewal, in turn, may take 6-10 months after providing your biometric data. To check the status of your Green Card application: Visit the USCIS website.

What happens after your petition is approved? ›

After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is complete, we will send you a Welcome Letter by e-mail or physical mail.

Is I-360 a green card? ›

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is issued by U.S. Citizenship and Immigration Services (USCIS). It is a type of form called a "petition," meaning that it starts off the process of applying for a green card.

How much is the fee for I-360? ›

$435. However, you are exempt from paying the fee if you are: An Amerasian; (Box 1.

What does a USCIS adjudication officer do? ›

The officer is responsible for determining applicant eligibility for benefits such as immigration, employment, and legal status. An adjudications officer's day involves reviewing the information in applications, interviewing applicants, checking applicant's references and conducting background checks.

What is V 1 V 2 or V 3 nonimmigrant? ›

The V1 visa is issued to the spouse, and the V2 and V3 are provided to children of the green card holder. Read below to know about each of them and their requirements. You must be wishing to live with your spouse or parent living in the USA as an LPR, but you don't know how to make it possible.

What is the difference between ice and INS? ›

Thus, starting in 2003, INS was ended and was replaced with Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). ICE operates the enforcement and removal process and authorizes the conduct of homeland security investigations.

How long does it take for the adjudicator to make a decision? ›

It usually takes the Claims Adjudicator 3 to 6 months to complete their Initial Review.

What are the five steps in the adjudication process? ›

The five steps are:
  1. The initial processing review.
  2. The automatic review.
  3. The manual review.
  4. The payment determination.
  5. The payment.
13 Jul 2015

How long does USCIS take to adjudicate a case? ›

AAO appellate review: The AAO strives to complete its appellate review within 180 days from the time it receives a complete case record after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO's control.

What are 3 types of nonimmigrant visas? ›

Common Nonimmigrant Visas
  • Business/Tourist Visa.
  • Work Visa.
  • Student Visa.
  • Exchange Visitor Visa.
  • Transit/Ship Crew Visa.
  • Religious Worker Visa.
  • Domestic Employee Visa.
  • Journalist and Media Visa.

What is the difference between E 1 and E 2 visa? ›

The E1 visa is for 'Treaty Traders', and the E2 visa is for 'Treaty Investors'. Holders of an E1 visa can move to the US on a temporary basis to carry out their trade activities, and E2 visa holders for the purposes of investment.

What is the difference between B 1 and B 2 visa? ›

B1 and B2 visas are generally referred to as “B visas”, and they are the most common types of visa issued for a wide range of uses in the United States. The B1 visa is issued mainly for short-term business trips, while the B2 visa is issued mainly traveling for tourism purposes.

How long does it take after case is being actively reviewed by USCIS 2022? ›

According to the Federal Register, it can take 15 minutes to several hours to review a case and the accompanying documentation.

How long does it take USCIS to actively review I-130 in 2022? ›

After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories.

How do I know if USCIS has approved my case? ›

With your receipt number, you can check the status of your case on www. uscis.gov and also register on our Web site for automatic case status updates while we process your case. Processing Times: Applications are processed by visa preference category in the order they are received.

What powers does ICE have? ›

Its powers include investigating, apprehending, arresting, detaining, and removing aliens within the United States. This is all part of the U.S.'s efforts to protect national security and public safety and prevent terrorism.

Is USCIS and ICE the same thing? ›

CBP enforces immigration laws at and between the ports of entry, ICE is responsible for interior enforcement and for detention and removal operations, and USCIS adjudicates applications and petitions for immigration and naturalization benefits.

What does ICE protect U.S. from? ›

Bottom Line: U.S. Immigration and Customs Enforcement's (ICE) mission is to protect America from cross-border crime and illegal immigration that threaten national security and public safety.

Videos

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4. APPROVED I-360 WIDOW PETITION
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