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

Petition for Amerasian, Widow or Special Immigrant

I-360 Current W R Supplement 3-13-07

Petition for Amerasian, Widow or Special Immigrant

OMB: 1615-0020

Document [pdf]
Download: pdf | pdf
OMB No. 1615-0020; Expires 07/31/07

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

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Purpose of This Form.
This petition is used to classify an alien as:
An Amerasian;
A Widow or Widower,
A Battered or Abused Spouse or Child of a U.S. Citizen or
Lawful Permanent Resident
A Special Immigrant (Religious Worker; Panama Canal
Company Employee, Canal Zone Government Employee, U.S.
Government in the Canal Zone Employee; Physician; or
International Organization Employee or Family Member,
Juvenile Court Dependent or Armed Forces Member).

lnitial Evidence Requirements.
If these instructions state that a copy of a document may be filed
with this petition, and you choose to send us the original, we may
keep that original for our records. Any foreign language document
must be accompanied by an English translation certified by the
translator that he/she is competent to translate the foreign language
into English and that the translation is accurate.

Amerasian.
Any person who is 18 or older, an emancipated minor, or a U.S.
corporation may file this petition for an alien who was born in
Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31,
1950, and before October 22, 1982, and was fathered by a U.S.
citizen.
The petition must be filed with:
Copies of evidence showing that the person this petition is for
was born in one of the above countries between those dates. If he/
she was born in Vietnam, you must also submit a copy of his/her
Vietnamese I.D. card, or an affidavit explaining why it is not
available;
Copies of evidence establishing the parentage of the person, and
of evidence establishing that the biological father was a U.S.
citizen. Examples of documents that may be submitted are birth
or baptismal records or other religious documents; local civil
records; an affidavit, correspondence or evidence of financial
support from the father; photographs of the father (especially
with the child); or, absent other documents, affidavits from
knowledgeable witnesses which detail the parentage of the child
and how they know such facts;
A photograph of the person;
If the person is married, submit a copy of the marriage
certificate, and proof of the termination of any prior marriages;
and
If the person is under 18 years old, submit a written statement
from his/her mother or legal guardian that:
Irrevocably releases him or her for emigration and authorizes
the placement agencies to make necessary decisions for his or
her immediate care until a sponsor receives custody;

Shows an understanding of the effects of the release, and
states whether any money was paid or coercion used prior to
obtaining the release; and
Includes the full name, date and place of birth, and present or
permanent address of the mother or guardian, and with the
signature of the mother or guardian on the release
authenticated by a local registrar, court of minors, or a U.S.
Citizenship and Immigration Services (USCIS) officer.
The following sponsorship documents are also required. You may
file these documents with the petition, or wait until we review the
petition and request them. However, not filing them with the petition
will add to the overall processing time.
An Affidavit of Financial Support executed by the sponsor, with
the evidence of financial ability required by that form. Please
note that the original sponsor remains financially responsible for
the Amerasian if any subsequent sponsor fails in this area;
Copies of evidence showing that the sponsor is at least 21 years
old and is a U.S. citizen or permanent resident;
Fingerprints of the sponsor taken by USCIS as part of the
required biometric services; and
If this petition is for a person under 18 years old, the following
documents issued by a placement agency must be submitted:
A copy of the private, public or state agency's license to
place children in the U.S., proof of the agency's recent
experience in the intercountry placement of children and of
the agency's financial ability to arrange the placement;
A favorable home study of the sponsor conducted by a
legally authorized agency;
A pre-placement report from the agency, including
information regarding any family separation or dislocation
abroad that would result from the placement;
A written description of the orientation given to the sponsor
and to the parent or guardian on the legal and cultural
aspects of the placement;
A statement from the agency showing that the sponsor has
been given a report on the pre-placement screening and
evaluation of the child; and
A written plan from the agency to provide follow-up
services, including mediation and counseling, and describing
the contingency plans to place the person this petition is for
in another suitable home if the initial placement fails.

Widow/Widower of a U.S. Citizen.
You may file this petition for yourself if:
You were married for at least two years to a U.S. citizen who is
now deceased and who was a U.S. citizen at the time of death;
Your citizen spouse's death was less than two years ago;
Form I-360 Instructions (Rev. 02/12/07) Y

You were not legally separated from your citizen spouse at the
time of death; and
You have not remarried.

Your self-petition may be filed with any credible relevant evidence of
eligibility. The determination of what evidence is credible and the
weight to be given that evidence is within the sole discretion of
USCIS; therefore, you are encouraged to provide the following
documentation:

The petition must be filed with:
A copy of your marriage certificate to the U.S. citizen and proof
of termination of any prior marriages of either of you;
Copies of evidence that your spouse was a U.S. citizen, such as a
birth certificate if born in the United States, Naturalization
Certificate or Certificate of Citizenship issued by USCIS, Form
FS-240, Report of Birth Abroad of a Citizen of the United States;
or a U.S. passport which was valid at the time of the citizen's
death; and
A copy of the death certificate of your U.S. citizen spouse.

Self-Petitioning Battered or Abused Spouse or Child of
a U.S. Citizen or Lawful Permanent Resident.
You may self-petition for immediate relative or family-sponsored
immigrant classification if you:
Are now the spouse or child of an abusive U.S. citizen or lawful
permanent resident;
Are eligible for immigrant classification based on that
relationship;
Are now residing in the United States; have resided in the United
States with the U.S. citizen or lawful permanent resident abuser
in the past;
Have been battered by, or have been the subject of extreme
cruelty perpetrated by:
Your U.S. citizen or lawful permanent resident spouse during
the marriage; or are the parent of a child who has been
battered by or has been the subject of extreme cruelty
perpetrated by your abusive citizen or lawful permanent
resident spouse during your marriage; or you
Your citizen or lawful permanent resident parent while
residing with that parent;
Are a person of good moral character;
Are a person whose removal or deportation would result in
extreme hardship to yourself, or to your child if you are a spouse;
and if you
Are a spouse who entered into the marriage to the citizen or
lawful permanent resident abuser in good faith.
NOTE: Divorce or other legal termination of the marriage to the
abuser after the self-petition is properly filed with USCIS will not be
the sole basis for denial or revocation of an approved self-petition. If
you remarry before you become a lawful permanent resident,
however, your self-petition will be denied or the approval revoked.

Evidence of the abuser's U.S. citizenship or lawful permanent
resident status;
Marriage and divorce decrees, birth certificates, or other evidence
of your legal relationship to the abuser;
One or more documents showing that you and the abuser have
resided together in the United States in the past, such as
employment records, utility receipts, school records, hospital or
medical records, birth certificates of children, deeds, mortgages,
rental records, insurance policies, or affidavits;
One or more documents showing that you are now residing in the
United States, such as the documents listed above;
Evidence of the abuse, such as reports and affidavits from police,
judges and other court officials, medical personnel, school
officials, clergy, social workers, and other social service agency
personnel. If you have an order of protection or have taken other
legal steps to end the abuse, you should submit copies of those
court documents;
If you are more than 14 years of age, your affidavit of good
moral character accompanied by a local police clearance, stateissued criminal background check, or similar report from each
locality or state in the United States or abroad in which you have
resided for six or more months during the three year period
immediately preceding the filing of your self-petition;
Affidavits, birth certificates of children, medical reports and
other relevant credible evidence of the extreme hardship that
would result if you were to be removed or deported; and
If you are a spouse, proof that one spouse has been listed as the
other's spouse on insurance policies, property leases, income tax
forms, or bank accounts; and testimony or other evidence
regarding your courtship, wedding ceremony, shared residence
and experiences showing that your marriage was entered in good
faith.

Special Immigrant Juvenile.
Any person, including the alien, may file this petition for an alien
who:
Is unmarried and less than 21 years old;
Has been declared dependent upon a juvenile court in the United
States or who such a court has legally committed to, or placed
under the custody of, an agency or department of a state and who
has been found eligible for long-term foster care; and
Has been the subject of administrative or judicial proceedings in
which it was determined that it would not be in the juvenile's
best interests to be returned to the juvenile's or his/her parent's
country of nationality or last habitual residence.
Form I-360 Instructions (Rev. 02/12/07) Y Page 2

NOTE: After a special immigrant juvenile becomes a permanent
resident, his or her parent(s) may not receive any immigration
benefit based on the relationship to the juvenile.
The petition must be filed with:
A copy of the juvenile's birth certificate or other evidence of his
or her age;
Copies of the court or administrative document(s) upon which
the claim to eligibility is based.

Special Immigrant Religious Worker.
Any prospective employer may file a Form I-360 to classify an alien
as a special immigrant religious worker if that alien has been in
religious employment for two years prior to filing. Such a petition
may be filed for an alien who (either abroad or in the United States)
for at least the two years immediately preceding the filing of the
petition, has been a member of a religious denomination that has a
bona fide nonprofit religious organization in the United States. The
alien must be coming to the United States solely for the purpose of
working, on a compensated, full-time basis, in one of the following
capacities:
As an employee of a religious organization within the
denomination, or of a bona fide organization which is affiliated
with the religious denomination, at the request of the
organization;
To carry on the vocation of a minister of the religious
denomination; or
To work in a religious vocation or occupation.
NOTE: The supporting evidence submitted may be verified by
USCIS through any means determined appropriate by USCIS, up to
and including an on-site inspection of the petitioning organization.
The inspection may include a tour of the organization’s facilities, an
interview with the organization’s officials, a review of selected
organization records relating to compliance with immigration laws
and regulations, and an interview with any other individuals or
review of any other records that the USCIS considers pertinent to the
integrity of the organization. An inspection may include the
organization headquarters, or satellite locations, or the work locations
planned for the applicable employee. If USCIS decides to conduct a
pre-approval inspection, satisfactory completion of such inspection
will be a condition for approval of any petition.
The Form I-360 contains an attestation section which the authorized
official of the prospective employer must complete, sign and date.
The term “prospective employer” refers to the organization or
institution where the alien will be performing the proffered duties.
The attestation includes a statement that certifies under penalty of
perjury that the contents of the attestation are true and correct to the
best of his or her knowledge. This attestation must be submitted by
the prospective employer along with the petition. The prospective
employer must specifically attest to the following:
That the prospective employer is a bona fide non-profit religious
organization or a bona fide organization which is affiliated with
the religious denomination and is exempt from taxation in
accordance with section 501(c)(3) of the Internal Revenue Code
of 1986 or subsequent amendment;

The number of members of the prospective employer's
organization, the number and positions (with brief descriptions)
of employees in the prospective employer's organization, the
number of aliens holding R visa status currently employed or
employed within the past five years by the prospective
employer's organization, and the number of special immigrant
religious worker and R visa petitions and applications filed by or
on behalf of any aliens to be employed as ministers or religious
workers for the prospective employer in the past five years;
The title of the position offered to the alien, the complete package
of compensation being offered and a detailed description of the
alien's proposed daily duties;
That the alien will be employed at least 35 hours per week and
such services are needed on a full-time basis;
The specific location(s) of the proposed employment;
That the alien has worked as a compensated, full-time religious
worker for the two years immediately preceding the filing of the
application and is otherwise qualified for the position offered;
That the alien has been a member of the denomination for at least
two years immediately preceding the filing of the application;
That the alien will not be engaged in secular employment, and
any compensation for religious work will be paid to the alien by
the attesting employer;
That the prospective employer has the ability and intention to
compensate the alien at a level at which the alien and
accompanying family members will not become a public charge,
and that funds to pay the alien's compensation do not include any
monies obtained from the alien, excluding reasonable donations
or tithing to the religious organization, and that the petitioner will
notify USCIS of any changes to the alien's employment; and
The Form I-360 must be filed by the prospective U.S. employer on
behalf of an alien who is either abroad or in the United States and
must be filed with:
A currently valid determination letter from the Internal Revenue
Service (IRS) showing that the organization is exempt from
taxation in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986 or subsequent amendment, as a religious
organizations; or
A currently valid determination letter from the Internal Revenue
Service (IRS) showing that the organization is exempt from
taxation in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986 or subsequent amendment, as a religious
organization; or
For religious organizations that are recognized as tax exempt
under a group tax exemption, a currently valid determination
letter from the IRS establishing that the group is an organization
as described in sections 509(a)(1) of the Internal Revenue Code
of 1986 or subsequent amendment, and that the group's tax
exemption is in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986 or subsequent amendment, as a religious
organization; or
Form I-360 Instructions (Rev. 02/12/07) Y Page 3

For a bona fide organization which is affiliated with the religious
denomination, if the organization was granted a section 501(c)(3)
exemption as something other than a religious organization:
A currently valid determination letter from the IRS showing
that the organization is exempt from taxation in accordance
with section 501(c)(3) of the Internal Revenue Code of 1986
or subsequent amendment, not necessarily as a religious
organization;
Documentation that establishes the religious nature and
purpose of the organization, such as a copy of the organizing
instrument of the organization that specifies the purposes of
the organization;
Organizational literature, such as brochures, calendars, flyers
and other literature describing the religious purpose and
nature of the activities of the organization;
A Religious Denomination Certification. The Form I-360
contains a “Religious Denomination Certification” section
which the petitioner must have the attesting religious
organization complete, sign and date. The “Religious
Denomination Certification” includes a statement certifying
under penalty of perjury that the petitioning organization is
affiliated with the religious denomination. The certification
must be submitted by the petitioner along with the petition
and attestation; and
A currently valid determination letter from the IRS
evidencing that the attesting organization is exempt from
taxation in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986 or subsequent amendment, as a
religious organization.
If the petition if filed on behalf of a minister, the following
documentation must be filed as initial evidence with the petition:

Evidence of the alien's completion of the
denomination's requirements for ordination.
Initial evidence must include evidence of the alien's prior
religious employment.
If the alien was employed in the United States during the two
years immediately preceding the filing of the application, the
petitioner must submit:
The alien's W-2 wage statements;
The employer's wage transmittal statements; and
The transcripts of the alien's processed income tax
returns for the preceding two years reflecting such
work.
If the alien was employed outside the United States during
such two years, the petitioner must submit comparable
evidence of compensation and religious work.
Aliens who have taken a vow of poverty or similar formal
lifetime commitment to a religious way of life may submit
evidence of such commitment in lieu of the above
documentary requirements, but must also submit evidence of
all financial support (including stipends, room and board, or
other support) received in the preceding two years.
NOTE: An on-site inspection of the petitioning organization is
required as part of the petition process.

Special immigrant based on employment with the
Panama Canal Company, Canal Zone Government or
U.S. Government in the Canal Zone.
Any person may file this petition for an alien who, at the time the
Panama Canal Treaty of 1977 entered into force, either:

A copy of the alien's certificate of ordination or similar
documents reflecting acceptance of the alien's qualifications
as a minister in the religious denomination; and

Was resident in the Canal Zone and had been employed by the
Panama Canal Company or Canal Zone Government for at least
one year, or

Evidence that the alien has completed any course of
prescribed theological education at an accredited theological
institution normally required or recognized by that religious
denomination, including transcripts, curriculum, and
documentation that establishes that the theological institution
is accredited by the denomination; or

Was a Panamanian national and either honorably retired from
U.S. Government employment in the Canal Zone with a total of
15 or more years of faithful service, or

For denominations that do not require a prescribed
theological education submit:
Evidence of the denomination's requirements for
ordination to minister;

Was employed for 15 years and since honorably retired; or
was an employee of the Panama Canal Company or Canal Zone
Government, had performed faithful service for five years or
more as an employee, and whose personal safety, or the personal
safety of his/her spouse or child, is in danger as a direct result of
the special nature of his/her employment and as a direct result of
the Treaty.
The petition must be filed with:

Evidence of the duties allowed to be performed by
virtue of ordination;
Evidence of the denomination's gradations of
ordination, if any; and

A letter from the Panama Canal Company, Canal Zone
Government or U.S. Government agency employing the person in
the Canal Zone, indicating the length and circumstances of
employment and any retirement or termination; and

Form I-360 Instructions (Rev. 02/12/07) Y Page 4

Copies of evidence to establish any claim of danger to personal
safety.

Special Immigrant Physician.
Any person may file this petition for an alien who:
Graduated from a medical school or qualified to practice
medicine in a foreign state;
Was fully and permanently licensed to practice medicine in a
State of the United States on January 9, 1978, and was practicing
medicine in a State on that date;
Entered the United States as an "H" or "J" nonimmigrant before
January 9, 1978; and
Has been continuously present in the United States. and
continuously engaged in the practice or study of medicine since
the date of such entry.
The petition must be filed with:
Letters from the person's employers, detailing his/her
employment since January 8, 1978, including the current
employment; and
Copies of relevant documents that demonstrate that the person
filed for meets all the above criteria.

Special Immigrant International Organization
Employee or family member.
Certain long-term "G" and "N" nonimmigrant employees of a
qualifying international organization entitled to enjoy privileges,
exemptions and immunities under the International Organizations
Immunities Act, and certain relatives of such an employee, may be
eligible to apply for classification as a Special Immigrant. To
determine eligibility, contact the qualifying international organization
or your local USCIS office.
The petition must be filed with:
Copies of evidence documenting the relationship between the
person this petition is for and the employee.
A letter from the international organization demonstrating that it
is a qualifying organization and explaining the circumstances of
qualifying employment and the immigration status held by the
person the petition is for, and

Armed Forces Member.
You may file this petition for yourself, if:
You have served honorably on active duty in the Armed Forces
of the United States after October 15, 1978;

You originally lawfully enlisted outside the United States under a
treaty or agreement in effect on October 1, 1991, for a period or
periods aggregating:
Twelve years, and were never separated from such service
except under honorable conditions; or
Six years, are now on active duty, and have reenlisted to
incur a total active duty service obligation of at least 12
years;
You are a national of an independent state which maintains a
treaty or agreement allowing nationals of that state to enlist in the
U.S. Armed Forces each year; and
The executive department under which you have served or are
serving has recommended you for this special immigrant status.
The petition must be filed with:
Certified proof issued by the authorizing official of the executive
department in which you are serving or have served which
certifies that you have the required honorable active duty service
and/or commitment; and
Your birth certificate.

General Filing Instructions.
Please answer all questions by typing or clearly printing in black ink
only. Indicate that an item is not applicable with "N/A." If an answer
is "none," please so state. If you need extra space to answer any item,
attach a sheet of paper with your name and your alien registration
number (A#), if any, and indicate the number of the item the answer
refers to. Every petition must be properly signed, and accompanied
by the proper fee. If you are under 14 years of age, your parent or
guardian may sign the petition.

Where to File.
If you are filing for a Special Immigrant Juvenile, file the petition
at the local USCIS office having jurisdiction over the place where
he or she lives.
If you are filing for Amerasian classification and the person you
are filing for is outside the United States, you may file this
petition at the USCIS office that has jurisdiction over the place he
or she lives or the office that has jurisdiction over the place where
he or she will live.
If you are in the United States and filing as a Widow/Widower,
you may file this petition together with your application for
adjustment of status.
If this petition is for an Amerasian, Widow/Widower, or Special
Immigrant Armed Forces Member, and that person lives outside
the United States, you may file this petition at the USCIS office
overseas or the U.S. consulate or embassy abroad having
jurisdiction over the area in which he or she lives.

Form I-360 Instructions (Rev. 02/12/07) Y Page 5

In all other instances (except for a self-petitioning battered or abused
spouse or child or a special immigrant international organization
officer or employee or family member, described below), file this
petition at a USCIS Service Center, as follows:
If you live in Connecticut, Delaware, District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virgin Islands,
Virginia or West Virginia, mail this petition to:
USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma,
South Carolina, Tennessee or Texas, mail this petition to:
USCIS
Texas Service Center
P.O. Box 152122, Dept A
Irving, TX 75015-2122
If you live in Arizona, California, Guam, Hawaii or Nevada, mail this
petition to:
USCIS
California Service Center
P.O. Box 10360
Laguna Niguel, CA 92607-0360
If you live elsewhere in the United States, mail this petition to:
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68501-2521
If you are a self petitioning battered spouse or abused spouse or child,
mail your completed Form I-360 with supporting documents and
correct fee to the Vermont Service Center at the following address:
USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
If the Vermont Service Center later sends you a Notice of Approval
of your petition, you may apply at your local USCIS office to adjust
your status as a lawful permanent resident.
If you are a special immigrant international organization officer or
employee or family member, mail your Form I-360 with supporting
documents and correct fee to the Nebraska Service Center at the
following address:
USCIS
Nebraska Service Center
P.O. Box 87360
Lincoln, NE 68501-7360

Public Service Information.
The National Domestic Violence Hotline provides information, crisis
intervention and referrals to local service providers, including legal
assistance organizations, to victims of domestic violence or anyone
calling on their behalf at 1-800-799-7233 or TDD at 1-800-787-3244
TTD.
The hotline services are available 24 hours a day seven (7) days a
week, toll-free from anywhere in the United States, Puerto Rico or
the U.S. Virgin Islands. The staff and volunteers speak both English
and Spanish and have access to translators in 139 languages.

What Is the Fee?
The filing fee for this petition is $190.00, except there is no fee if you
are filing for an Amerasian. However, sponsors of Amerasians must
pay a $70.00 biometrics services fee to be fingerprinted. If necessary
USCIS may also take the sponsors' photograph and signatures.
The fee must be submitted in the exact amount. It cannot be refunded.
Do not mail cash. All checks and money orders must be drawn on a
bank or other institution located in the United States and must be
payable in United States currency. The check or money order should
be made payable to the Department of Homeland Security, except
that:
If you live in Guam, and are filing this application in Guam,
make your check or money order payable to the "Treasurer,
Guam."
If you live in the U.S. Virgin Islands, and are filing this
application in the U.S. Virgin Islands, make your check or
money order payable to the "Commissioner of Finance of the
Virgin Islands."
Checks are accepted subject to collection. An uncollected check will
render the application and any document issued invalid. A charge of
$30.00 will be imposed if a check in payment of a fee is not honored
by the bank on which it is drawn.

How to Check If the Fee Is Correct.
The fee on this form is current as of the edition date appearing in the
lower right corner of this page. However, because USCIS fees
change periodically, you can verify if the fee is correct by following
one of the steps below:
Visit our website at www.uscis.gov and scroll down to "Forms
and E-Filing" to check the appropriate fee, or
Review the Fee Schedule included in your form package, if you
called us to request the form, or
Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
NOTE: If your petition or application requires a biometric services
fee for USCIS to take your fingerprints, photograph or signature,
you can use the same procedure above to confirm the biometrics fee.
Form I-360 Instructions (Rev. 02/12/07) Y Page 6

Processing Information.

Use InfoPass for Appointments.

Rejection. Any petition that is not signed or is not accompanied by
the correct fee will be rejected with a notice that the petition is
deficient. You may correct the deficiency and resubmit the petition.
However, a petition is not considered properly filed until accepted by
the USCIS.

As an alternative to waiting in line for assistance at your local USCIS
office, you can now schedule an appointment through our internetbased system, InfoPass. To access the system, visit our website at
www.uscis.gov. Use the InfoPass appointment scheduler and follow
the screen prompts to set up your appointment. InfoPass generates an
electronic appointment notice that appears on the screen. Print the
notice and take it with you to your appointment. The notice gives the
time and date of your appointment, along with the address of the
USCIS office.

Initial processing. Once the petition has been accepted, it will be
checked for completeness, including submission of the required
initial evidence. If you do not completely fill out the form, or file it
without required initial evidence, you will not establish a basis for
eligibility and we may deny your petition.
NOTE: A self-petitioning battered or abused spouse or child of a
U.S. citizen or lawful permanent resident may submit any relevant
credible evidence in place of the suggested evidence.
Requests for additional information or interview. We may request
additional information or evidence or we may request that you
appear at a USCIS office for an interview. We may also request that
you submit the originals of any copy. We will return these originals
when they are no longer required.
Decision. If you establish that the person this petition is for is
eligible for the requested classification, we will approve the petition.
We will send it to the U.S. embassy or consulate for visa issuance,
unless he or she is in the United States and appears eligible and
intends to apply for adjustment to permanent resident status while
here. If you do not establish eligibility, we will deny the petition.
We will notify you in writing of our decision.

Penalties.
If you knowingly and willfully falsify or conceal a material fact or
submit a false document with this request, we will deny the benefit
you are filing for, and may deny any other immigration benefit. In
addition, you will face severe penalties provided by law, and may be
subject to criminal prosecution.

Privacy Act Notice.
We ask for the information on this form, and associated evidence to
determine if you have established eligibility for the immigration
benefit you are seeking. Our legal right to ask for this information is
in 8 USC 1154. We may provide this information to other
government agencies. Failure to provide this information, and any
requested evidence, may delay a final decision or result in denial of
your request.

Paperwork Reduction Act Notice.
A person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.
We try to create forms and instructions that are accurate, can be
easily understood and that impose the least possible burden on you to
provide us with information. Often this is difficult because some
immigration laws are very complex.
Accordingly, the reporting burden for this collection of information is
computed as follows: (1) learning about the law and form, 20
minutes; (2) completing the form, 25 minutes; and (3) assembling
and filing the application, 90 minutes for an estimated average of 2
hours, 15 minutes per response. In addition, it is estimated that it
will take 65 minutes to complete the on-site inspection required when
petitioning for a special immigrant religious worker.

Forms and Information.
To request USCIS forms, call our toll free number at
1-800-870-3676. You can also obtain USCIS forms and information
on immigration laws, regulations and procedures by calling our
National Customer Service Center (NCSC) at 1-800-375-5283 or
visiting our internet website at www.uscis.gov.

If you have comments regarding the accuracy of this estimate, or
suggestions for making this form simpler, you can write to the U.S.
Citizenship and Immigration Services, Regulatory Management
Division, 111 Massachusetts Avenue, NW, Room 3008, Washington,
D.C. 20529; OMB No. 1615-0020. Do not mail your completed
application to this address.

Form I-360 Instructions (Rev. 02/12/07) Y Page 7

OMB No. 1615-0020; Expires 07/31/07

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

Department of Homeland Security
U.S. Citizenship and Immigration Services

START HERE - Please type or print in black ink.
Part 1. Information about person or organization filing this
petition. (Individuals should use the top name line; organizations should use the
second line.) If you are a self-petitioning spouse or child and do not want USCIS to
send notices about this petition to your home, you may show an alternate mailing
address here. If you are filing for yourself and do not want to use an alternate mailing
address, skip to Part 2.
Given Name

Family Name

Apt.
#
Reloc Rec'd

State or
Province

Country

Zip/Postal
Code
IRS Tax #
(if any)

A
#

Part 2. Classification Requested (check one):

f.
g.
h.
i.
j.
k.

Resubmitted

Reloc Sent

Street Number
and Name
City

a.
b.
c.
d.
e.

Receipt

Middle Name

Company or Organization
Name
Address - C/O

U.S. Social
Security #

For USCIS Use Only
Returned

Amerasian
Widow(er) of a U.S. citizen who died within the past two (2) years
Special Immigrant Juvenile
Special Immigrant Religious Worker
Special Immigrant based on employment with the Panama Canal Company, Canal
Zone Government or U.S. Government in the Canal Zone
Special Immigrant Physician
Special Immigrant International Organization Employee or family member
Special Immigrant Armed Forces Member
Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident
Self-Petitioning Child of Abusive U.S. Citizen or Lawful Permanent Resident
Other, explain:

Petitioner/
Applicant
Interviewed
Beneficiary
Interviewed
I-485 Filed Concurrently
Bene "A" File Reviewed
Classification
Consulate
Priority Date
Remarks:

Part 3. Information about the person this petition is for.
Family Name

Given Name

Middle Name

Action Block

Address - C/O
Street Number
and Name
City

Apt.
#
State or
Province

Country
Date of Birth
(mm/dd/yyyy)
U.S. Social
Security #
Marital Status:

Zip/Postal
Code
Country of
Birth
A#
(if any)

Single
Married
Divorced
Complete the items below if this person is in the United States:
Date of Arrival
I-94#
(mm/dd/yyyy)
Current Nonimmigrant
Status

To Be Completed by

Widowed

Attorney or Representative, if any
Fill in box if G-28 is attached to
represent the applicant
VOLAG#
ATTY State License #

Expires on
(mm/dd/yyyy)
Form I-360 (Rev. 02/12/07) Y

Part 4. Processing Information.
Below give information on U.S. Consulate you want notified if this petition is approved and if any requested adjustment of status cannot be granted.
American Consulate:

City

Country

If you gave a United States address in Part 3, print the person's foreign address below. If his or her native alphabet does not use Roman letters, print
his or her name and foreign address in the native alphabet.
Name

Address

Gender of the person this petition is for.

Male

Female

Are you filing any other petitions or applications with this one?

No

Yes (How many?

Is the person this petition is for in deportation or removal proceedings?

No

Yes (Explain on a separate sheet of paper)

Has the person this petition is for ever worked in the U.S. without permission?

No

Yes (Explain on a separate sheet of paper)

Is an application for adjustment of status attached to this petition?

No

Yes

)

Part 5. Complete only if filing for an Amerasian.
Section A. Information about the mother of the Amerasian
Family Name
Living?

Given Name

No (Give date of death

)

Middle Name

Yes (complete address line below)

Unknown (attach a full explanation)

Address

Section B. Information about the father of the Amerasian: If possible, attach a notarized statement from the father regarding parentage. Explain
on separate paper any question you cannot fully answer in the space provided on this form.
Family Name

Given Name

Date of Birth
(mm/dd/yyyy)

Country of
Birth

Living?

No (Give date of death

)

Middle Name

Yes (complete address line below)

Unknown (attach a full explanation)

Home Address
Home
Phone #

(

Work
Phone #

)

(

)

At the time the Amerasian was conceived:
The father was in the military (indicate branch of service below - and give service number here):
Army

Air Force

Navy

Marine Corps

Coast Guard

The father was a civilian employed abroad. Attach a list of names and addresses of organizations which employed him at that time.
The father was not in the military, and was not a civilian employed abroad. (Attach a full explanation of the circumstances.)

Form I-360 (Rev. 02/12/07) Y Page 2

Part 6. Complete only if filing for a Special Immigrant Juvenile Court Dependent.
Information about the Juvenile
List any other
names used.
Answer the following questions regarding the person this petition is for. If you answer "No," explain on a separate sheet of paper.
Is he or she still dependent upon the juvenile court or still legally committed to or under
the custody of an agency or department of a state?

No

Yes

Does he or she continue to be eligible for long term foster care?

No

Yes

Part 7. Complete only if filing as a Widow/Widower, a Self-petitioning Spouse of an Abuser, or as a
Self-petitioning Child of an Abuser.
Section A. Information about the U.S. citizen husband or wife who died or about the U.S. citizen or lawful permanent resident abuser.
Family Name

Given Name

Date of Birth
(mm/dd/yyyy)

Middle Name

Country of
Birth

Date of Death
(mm/dd/yyyy)

He or she is now, or was at time of death a (check one):
U.S. citizen born in the United States.

U.S. citizen through Naturalization (Show A #)

U.S. citizen born abroad to U.S. citizen parents.

U.S. lawful permanent resident (Show A #)

Other, explain
Section

B. Additional Information about you.

How many times
have you been married?

How many times was the person in
Section A married?

When did you live with the person named in Section A?

Give the date and place where you and the person in Section A
were married. (If you are a self-petitioning child, write: "N/A")

From (Month/Year)

until (Month/Year)

If you are filing as a widow/widower, were you legally separated at the time of the U.S citizens's death?

No

Yes, (attach explanation).

Give the last address at which you lived together with the person named in Section A, and show the last date that you lived together with that
person at that address:

If you are filing as a self-petitioning spouse, have any of your children filed separate self-petitions?

No

Yes (show child(ren)'s full names):

Form I-360 (Rev. 02/12/07) Y Page 3

Part 8. Complete only if filing as a special immigrant religious worker.
Section A. Information about the beneficiary.
Describe the beneficiaries qualifications for the vocation or occupation.

Description of the relationship between the religious organization in the United States and the organization abroad of which the beneficiary was a
member.

Section B. Employer Attestation.
1. Provide the following about the petitioner.
Number of members

Number of positions

Number of R visa holders employed
within the past 5 years

Number of R visa holders currently employed

Number of I-360 and/or I-129 petitions submitted by the
petitioner in last 5 years.

Has any immigrant visa petition ever been filed on behalf of this person?
No

Yes (If "Yes," provide information on the petition on a seperate sheet(s) of paper.)

Provide a brief description of the positions in the petitioner's organization.
Position

Position Description

1.
2.
3.
4.

Form I-360 (Rev. 02/12/07) Y Page 4

2.

Provide the following about the prospective employment.
Title of position offered.

Describe compensation being offered.

Provide a detailed description of the daily proposed duties.

Provide the specific address(s) or location(s) of prospective employment.

3.

I certify or attest that the petitioner is a bona fide non-profit religious organization or a bona fide organization,
which is affiliated with the religious denomination and is exempt from taxation in accordance with section 501(c)
(3) of the Internal Revenue Code of 1986. (If the petitioner is affiliated with the religious denomination, complete
Section C, Religious Denomination Certification.)

Yes

No

4.

I certify or attest that the petitioner has the ability and intention to compensate and otherwise support (through
housing, for example) the beneficiary at a level at which the beneficiary and accompanying family members will
not become a public charge.

Yes

No

5.

I certify or attest that the funds to pay the beneficiary's compensation do not include any monies obtained from the
beneficiary, excluding reasonable donations or tithing to the religious organization.

Yes

No

6.

I certify or attest that, if the position is not a religious vocation, the beneficiary will not be engaged in secular
employment, and any compensation for religious work will be paid to the beneficiary by the attesting petitioner.

Yes

No

7.

I certify or attest that the position being offered to the beneficiary requires at least 35 hours per week of
compensated service.

Yes

No

8.

I certify or attest that the beneficiary has been a member of the denomination for at least 2 years immediately
preceding the filing of the Form I-360.

Yes

No

9.

I certify or attest that the beneficiary is otherwise qualified for the prospective position.

Yes

No

Form I-360 (Rev. 02/12/07) Y Page 5

I swear (or affirm) and certify under penalty of perjury under the laws of the United States of America that the contents of this attestation are true
and correct to the best of my knowledge.
Signature

Date (mm/dd/yyyy)

Printed Name

Title

Business/Organization Address

Daytime Phone Number (with area code)

Fax Number (if any)

Email Address (if any)

Section C. Religious denomination certification.
I swear (or affirm) and certify under penalty of perjury under the laws of the United States of America that:

(Name of Affiliate/Petitioning Organization)

is affiliated with:

(Name of Religious Denomination)

and that the attesting religious organization within the religious denomination is exempt from taxation in accordance with section 501(c)(3) of the
Internal Revenue Code of 1986. The contents of this certification are true and correct to the best of my knowledge. (A copy of the signed letter from
the Internal Revenue Service evidencing that the religious organization providing the written statement is exempt from taxation as a religious
organization must accompany the Religious Denomination Certification.)

Signature

Printed Name

Date (mm/dd/yyyy)

Title of Religious Organization Attestor

Attesting Religious Organization Name

Attesting Religious Organization Address

Daytime Phone Number (with area code)

Fax Number (if any)

Email Address (if any)

Form I-360 (Rev. 02/12/07) Y Page 6

Part 9. Information about the spouse and children of the person this petition is for.
A widow/widower or a self-petitioning spouse of an abusive citizen or lawful permanent resident should also list the children of the
deceased spouse or of the abuser.
A. Family Name
Country of Birth

B. Family Name
Country of Birth

C. Family Name
Country of Birth

D. Family Name
Country of Birth

E. Family Name
Country of Birth
F. Family Name
Country of Birth

G. Family Name
Country of Birth

H. Family Name
Country of Birth

I. Family Name
Country of Birth

J. Family Name
Country of Birth

Given Name
Relationship

Middle Name

Relationship

Middle Name

Middle Name

Relationship

Middle Name

Relationship

Middle Name

Relationship

Middle Name

Relationship

Middle Name

Relationship

Middle Name

Relationship

Middle Name

Relationship

Middle Name
Spouse
Child

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)
A#

Spouse
Child

Given Name
Relationship

A#

Spouse
Child

Given Name

Date of Birth
(mm/dd/yyyy)

Date of Birth
(mm/dd/yyyy)
A#

Form I-360 (Rev. 02/12/07) Y Page 7

Part 10. Signature. Read the information on penalties in the instructions before completing this part. If you are going to file this petition at
a USCIS office in the United States, sign below. If you are going to file it at a U.S. consulate or USCIS office overseas,
sign in front of a USCIS or consular official.

I certify, or, if outside the United States, I swear or affirm, under penalty of perjury under the laws of the United States of America, that this petition
and the evidence submitted with it is all true and correct. If filing this on behalf at an organization, I certify that I am empowered to do so by that
organization. I authorize the release of any information from my records, or from the petitioning organization's records, that the U.S. Citizenship and
Immigration Services needs to determine eligibility for the benefit being sought.
Signature

Signature of USCIS or Consular Official

Date

Print Name

Date

NOTE: If you do not completely fill out this petition or fail to submit required documents listed in the instructions, the person(s) filed for may not be
found eligible for a requested benefit and the petition may be denied.

Part 11. Signature of person preparing form, if other than above. (Sign below.)
I declare that I prepared this application at the request of the above person and it is based on all information of which I have knowledge.
Signature

Print Your Name

Date

Firm Name
and Address

Form I-360 (Rev. 02/12/07) Y Page 8


File Typeapplication/pdf
File Modified2007-02-12
File Created2007-02-12

© 2024 OMB.report | Privacy Policy