Comprehensive Guide to Filing Form I-360

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is a versatile immigration form used for various special immigrant categories. These categories include religious workers, juveniles, broadcasters, and others. This guide will provide detailed instructions on how to correctly file Form I-360, ensuring that you meet all the requirements and avoid common mistakes.

Understanding Form I-360

Form I-360 is used by individuals who qualify as special immigrants, including:

  • Amerasians
  • Widow(er)s of U.S. citizens
  • Special Immigrant Juveniles (SIJ)
  • Religious workers
  • Afghan and Iraqi translators
  • Members of the U.S. Armed Forces
  • International broadcasters
  • Employees of international organizations

Eligibility Criteria for I-360

General Requirements

Each category has specific eligibility requirements. Below are the criteria for some of the common categories:

Special Immigrant Juveniles (SIJ)

  • Age: Under 21 years at the time of filing.
  • Unmarried: Must remain unmarried until the petition is approved.
  • Juvenile Court Order: Must have a valid juvenile court order that declares the petitioner dependent on the court or legally placed under an entity’s custody.

Religious Workers

  • Membership: Must be a member of a religious denomination with a bona fide non-profit religious organization in the U.S. for at least two years before filing.
  • Employment: Must seek to enter the U.S. to work in a full-time, compensated position within the religious organization.

Widow(er)s of U.S. Citizens

  • Marriage: Must have been legally married to a U.S. citizen at the time of the citizen’s death.
  • Filing Timeframe: Petition must be filed within two years of the citizen’s death.

Preparing to File Form I-360

Step-by-Step Instructions

  1. Download the Form: Obtain Form I-360 from the official USCIS website to ensure you have the most current version.
  2. Read Instructions Carefully: Each section of the form has detailed instructions provided by USCIS. Review these instructions to avoid errors.
  3. Gather Supporting Documents: Collect all necessary documents to support your petition. This includes evidence specific to your category.

Documentation Checklist

  • Proof of Eligibility: Depending on your category, this may include marriage certificates, court orders, employment records, or religious membership documents.
  • Biographical Information: Copies of birth certificates, passports, and other identification documents.
  • Affidavits: Statements from individuals with knowledge of your situation can support your petition.

Filling Out Form I-360

Section-by-Section Guidance

Part 1: Information About You

  • Full Name: Provide your complete legal name.
  • Address: Your current physical and mailing addresses.
  • Contact Information: Include your phone number and email address.

Part 2: Petition Type

  • Category Selection: Indicate the specific category under which you are filing.
  • Subcategory Details: Provide additional information if required (e.g., for religious workers, detail your duties and employer).

Part 3: Additional Information About You

  • Biographical Data: Include details such as your date of birth, country of birth, and nationality.
  • Marital Status: Indicate whether you are single, married, divorced, or widowed.

Part 4: Information About Your Beneficiary (If Applicable)

  • Beneficiary Details: If you are filing on behalf of another person, include their biographical information and relationship to you.

Part 5: Additional Information

  • Background Information: Include any additional background information that supports your petition.

Part 6: Signature

  • Signature: Sign and date the form. If someone helped you complete the form, they must also sign.

Submitting Form I-360

Filing Fee

Check the USCIS website for the most current filing fee. Certain categories may be exempt from the fee.

Mailing the Petition

  • Correct Address: Send your completed form and supporting documents to the correct USCIS address. The address varies based on your category and location.
  • Tracking: Use a method that provides tracking and delivery confirmation.

After Filing Form I-360

Receipt Notice

USCIS will send a receipt notice once they receive your petition. This notice contains your receipt number, which you can use to track your case status online.

Processing Time

Processing times vary depending on the category and current USCIS workload. Regularly check the USCIS processing times webpage for updates.

Request for Evidence (RFE)

If USCIS needs more information, they will send an RFE. Respond promptly with the requested documentation to avoid delays.

Approval or Denial

Upon approval, USCIS will send an approval notice. If denied, you will receive a notice explaining the reasons and any options for appeal or reapplication.

Conclusion

Filing Form I-360 is a complex process that requires careful attention to detail and thorough documentation. By following these instructions and ensuring that all information is accurate and complete, you can improve your chances of a successful petition.