Table of Changes

I-360 PRA Table of Changes 6-14-07.doc

Petition for Amerasian, Widow or Special Immigrant

Table of Changes

OMB: 1615-0020

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I-360


Old

New

Instructions


Page 1, Section 1

Entitled “Purpose of This Form”

Purpose of This Form.

This petition is used to classify an alien as:

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).



Purpose of This Form.

This petition is used to classify an alien as:

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; Armed Forces Member; or

Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator).


Instructions


Page 1, Section

Entitled ”Amerasian”

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.


Amerasian.


Any person who is 18 or older, including the alien, or a U.S. corporation may file this petition for a beneficiary 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:


  1. 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;

  2. 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;

  1. A photograph of the person;

  2. If the person is married, submit a copy of the marriage certificate, and proof of the termination of any prior marriages; and


Removed all sections referring to under 18 year olds as all eligible applicants are now over that age.


The sponsorship documents noted below 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.


  1. 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

  2. Copies of evidence showing that the sponsor is at least 21 years old and is a U.S. citizen or permanent resident;

  3. Fingerprints of the sponsor taken by USCIS as part of the required biometric services; and


Removed all sections referring to under 18 year olds as all eligible applicants are now over that age.


Instructions


Page 3, Section entitled “Armed Forces Member.”


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.




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.


Afghanistan or Iraq National Supporting U.S. Armed Forces as a Translator.


You may file this petition for yourself if:


  • You are a national of Afghanistan or Iraq;


  • You worked directly with the U.S. Armed Forces as a translator for a period of at least 12 months;


  • You have obtained a favorable written recommendation from a general or flag officer in the chain of command of the U.S. Armed Forces unit that you supported; and


  • Before filing this petition, you were cleared by a background check and screening, as determined by a general or flag officer in the chain of command of the U.S. Armed Forces unit that you supported.


The petition must be filed with:


  • A copy of your passport or birth certificate, showing that you are a national of Afghanistan or Iraq;


  • A favorable written recommendation from a general or flag officer in the chain of command of the U.S. Armed Forces unit that you supported;


  • Documentation establishing that you have worked as a translator directly for the U.S. Armed Forces for a period of at least 12 months;


  • Evidence of having cleared a background check and screening by the U.S. Armed Forces. This can be in the form of a written letter attesting to the clearance signed by a member of the U.S. Armed Forces unit that you supported; and


  • A properly signed Form I-360 in Part 9, Signature, by the petitioner.


Petitioners physically present in the United States must also submit:


A copy of the front and back of your I-94, Arrival/Departure Document. This is the document you received upon arrival in the United States.



Instructions


Page 4, right-hand column, entitled “Where to File.”





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.





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


Amerasian:


  1. If the beneficiary lives outside the United States, Form I-360 may be filed at the USCIS office overseas or at the U.S. consulate or embassy having jurisdiction over the beneficiary's current place of residence.

  2. Form I-360 may also be filed at the USCIS office having jurisdiction over the beneficiary's intended place of residence in the United States, by submitting this petition to the USCIS Lockbox.


Afghan and Iraqi Translators:


If you are an Afghanistan or Iraq National who supported the U.S. Armed Forces as a translator, 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 68501-2521



Public Service Information.





Tu (SCOPS) 3-30-07

Page 5

File Typeapplication/msword
File TitleExplanation of Change: 1615-0023
Authorrasloan
Last Modified ByUSCIS
File Modified2007-06-20
File Created2007-06-20

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