Petition for Amerasian, Widow or Special Immigrant

i-360instr 061909

Petition for Amerasian, Widow or Special Immigrant

OMB: 1615-0020

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 1615-0020 can be found here:

Document [pdf]

Download: pdf | pdf

OMB No. 1615-0020; Expires 11/30/09

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

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

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.

What Is the Purpose of This Form?

Who May File Form I-360?

This petition is used to classify an alien as:

Amerasian

An Amerasian;

A Widow or Widower (based on a marriage of at least 2
years duration);

A Battered or Abused Spouse or Child of a U.S. Citizen
or Lawful Permanent Resident; or

Any person who is 18 years 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:

A special immigrant is defined as one of the following:

DRAFT

A. Religious Worker;
B.

Panama Canal Company Employee, Canal Zone
Government Employee, U.S. Government in the
Canal Zone Employee;

Copies of evidence showing that the person who is subject
of this petition was born in one of the above countries
between those dates.
If he or she was born in Vietnam, you must also submit a
copy of his or her Vietnamese identification card, or an
affidavit explaining why it is not available;

C. Physician;
2.

Copies of evidence establishing the parentage of the
person, and 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 that
detail the parentage of the child and how they know such
facts;

A photograph of the person; and

This petition is also used to request deferred action by
surviving spouses of U.S. citizens who have died prior to 2
years of marriage.

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

For purposes of deferred action requests under this program, a
surviving spouse is defined as an alien spouse of a U.S. citizen
who died prior to 2 years of marriage and who is currently in
the United States and who has not remarried since the death of
his/her U.S. citizen spouse.

The sponsorship documents noted below are also required.
You may file these documents with the petition or wait until
USCIS reviews the petition and requests them. However, not
filing them with the petition will add to the overall processing
time.

D. International Organization Employee or Family
Member;
E.

Juvenile Court Dependent;

Armed Forces Member;

G. Afghanistan or Iraq national who supported the U.S.
Armed Forces as a translator; or
H. Iraq national who worked for or on behalf of the U.S.
Government in Iraq.

The surviving spouse may also include his or her qualifying
children who are currently in the United States on this request
for deferred action by specifically naming them in Part 9 of
Form I-360.
Form I-360 Instructions (Rev. 06/19/09)Y

An Affidavit of Financial Support executed by the
sponsor with the evidence of financial ability required by
that form. 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 and is a U.S. citizen or permanent resident; and

The petition must be filed with:

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

Widow/Widower of a U.S. Citizen
You may file this petition for yourself if:
1.

You were married for at least 2 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 2 years ago;

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

You have not remarried.

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.

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.

DRAFT

Has been the subject of administrative or judicial
proceedings that was determined that it would not be in
the juvenile's best interests to be returned to the juvenile's
or his or her parent's country of nationality or last habitual
residence.

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 that
was valid at the time of the citizen's death; and
A copy of the death certificate of your U.S. citizen spouse.

Special Immigrant Juvenile
Any person, including the alien, may file this petition for an
alien who:
1.

Is unmarried and less than 21 years of age;

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

Special Immigrant Religious Worker
Basic Requirements. A U.S. employer or an alien may file a
special immigrant religious worker petition. In either case, the
U.S. employer must submit certain evidence and an attestation
in support of the petition.
If applicable, the U.S. employer must submit a Religious
Denomination Certification. The terms used in the basic
requirements are defined below. The alien must be coming to
the United States to work:
1. Solely as a minister of the U.S. employer's denomination;
2. In a religious vocation either in a professional or
nonprofessional capacity; or
3. In a religious occupation either in a professional or
nonprofessional capacity.
NOTE: All religious workers, other than ministers,
immigrating to the United States as special immigrant
religious workers must immigrate or adjust status to
permanent residence before March 6, 2009. Statutory
amendments may extend this date. USCIS will provide
information if the date is extended.
Immigrate means to enter the United States with a valid
immigrant visa. Adjust status to permanent residence means
having Form I-485 approved.

Definitions
There are definitions that apply specifically to Special
Immigrant Religious Worker petitions. Detailed explanations
of the definitions may be found at 8 CFR 204.5(m). The
evidence that must be submitted refers to the following
definitions:

Form I-360 Instructions (Rev. 06/19/09)Y Page 2

Bona Fide Nonprofit Religious Organization in the
United States means a religious organization exempt
from taxation as described in section 501(c)(3) of the
Internal Revenue Code of 1986, subsequent amendment,
or equivalent sections of prior enactments of the Internal
Revenue Code. The organization must have a currently
valid determination letter from the Internal Revenue
Service confirming the tax exemption. Tax-exempt
organization is defined below.
Bona Fide Organization That Is Affiliated With the
Religious Denomination means an organization that is
closely associated with a religious denomination.
Religious denomination is defined below. The affiliated
organization must be exempt from taxation as described
in section 501(c)(3) of the Internal Revenue Code of
1986, subsequent amendment, or equivalent sections of
prior enactments of the Internal Revenue Code. The
organization must have a currently valid determination
letter from the Internal Revenue Service confirming the
tax exemption. Tax-exempt organization is defined below.

5. Minister means an individual who:
A. Is fully authorized by a religious denomination, and
fully trained according to the denomination's
standards, to conduct religious worship and perform
other duties usually performed by authorized
members of the clergy of that denomination;
B. Is not a lay preacher or a person not authorized to
perform duties usually performed by clergy;
C. Performs activities with a rational relationship to the
religious calling of the minister; and
D. Works solely as a minister in the United States, which
may include administrative duties incidental to the
duties of a minister.

DRAFT

A. The duties must primarily relate to a traditional
religious function and be recognized as a religious
occupation within the denomination;

Religious Denomination means a religious group or
community of believers that is governed or administered
under a common type of ecclesiastical government with:

B. The duties must be primarily related to, and must
clearly involve, inculcating or carrying out the
religious creed and beliefs of the denomination;

A. A recognized common creed or statement of faith
shared among the denomination's members;

C. The duties do not include positions which are
primarily administrative or support such as janitors,
maintenance workers, clerical employees, fund
raisers, persons solely involved in the solicitation of
donations, or similar positions, although limited
administrative duties that are only incidental to
religious functions are permissible; and

B. A common form of worship;
C. A common formal code of doctrine and discipline;
D. Common religious service, and ceremonies;
E. Common established places of religious worship,
religious congregations; or

D. Religious study or training for religious work does
not constitute a religious occupation, but a religious
worker may pursue study or training incident to
status.

F. Comparable evidence of a bona fide religious
denomination.
If there is no hierarchical ecclesiastical government, an
individual church may qualify as a religious denomination
by submitting a description of its internal governing
structure.
4.

Denominational Membership means membership during
at least the two-year period immediately preceding the
filing date of the petition, in the same type of religious
denomination as the United States religious organization
where the alien will work.

Religious Occupation means an occupation which meets
all of the following requirements:

Religious Vocation means a formal lifetime commitment,
through vows, investitures, ceremonies, or similar indicia,
to a religious way of life. The religious denomination
must have a class of individuals whose lives are dedicated
to religious practices and functions, as distinguished from
the secular members of the religion. Examples of
religious vocations include nuns, monks, and religious
brothers and sisters.

Religious Worker means an individual engaged in and,
according to the denomination's standards, qualified for a
religious occupation or vocation, whether or not in a
professional capacity, or as a minister.

Form I-360 Instructions (Rev. 06/19/09)Y Page 3

Tax-Exempt Organization means an organization
exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, subsequent amendment,
or equivalent sections of prior enactments of the Internal
Revenue Code.

On the Employer Attestation form, the prospective employer
must specifically attest to the following:

A. The organization must demonstrate tax-exempt status
by submitting a currently valid determination letter
from the Internal Revenue Service.

B. Bona fide organization that is affiliated with a
religious denomination and is exempt from taxation.

B. A determination letter may be currently valid
regardless of whether it is issued under 501(c)(3) of
the Internal Revenue Code of 1986, subsequent
amendment, or equivalent sections of prior
enactments of the Internal Revenue Code.

The prospective employer's status as a:
A. Bona fide nonprofit organization; or

The number of members of the prospective employer's
organization.

3. The number of employees who work at the same location
where the alien will be employed and a summary of those
employees' responsibilities.

C. These requirements also apply to religious
organizations that are recognized as tax exempt
under a group tax exemption;

Number of aliens holding special immigrant or
nonimmigrant religious worker status currently employed
or employed within the past five years.

D. In instances where the organization is affiliated with
the religious denomination and was granted taxexempt status under section 501(c)(3) of the Internal
Revenue Code of 1986, subsequent amendment, or
equivalent sections of prior enactments of the
Internal Revenue Code, as something other than a
religious organization, additional documentation is
required.

Number of Special Immigrant Religious Worker Form
I-360 and Nonimmigrant Religious Worker Form I-129
petitions submitted by the prospective employer within
the past five years.

The title of the position offered to the alien.

The complete package of salaried or non-salaried
compensation being offered.

Compensation Requirements

A detailed description of the alien's proposed daily duties.

A religious worker must be salaried and/or non-salaried.
Salaried means receiving a traditional paycheck. Non-salaried
means receiving support such as room, board, medical care, or
transportation instead of a paycheck. The attestation section
below lists the evidence that the U.S. employer must submit
regarding compensation.

The position being offered to the alien requires at least 35
hours per week of compensated service.

DRAFT

Attestation Requirements
In addition to completing Form I-360, the prospective
employer must complete an Employer Attestation and
complete a Religious Denomination Certification. Prospective
employer means the U.S. employer that will be employing the
alien.
If the alien is a self-petitioner and is also an authorized official
of the prospective employer, the self-petitioner may sign the
attestation.
An authorized official of the prospective employer must
complete, sign, and date the Employer Attestation and
complete the Denomination Certification. The authorizing
official must sign the attestation, certifying under penalty of
perjury that the attestation is true and correct.

10. The specific location(s) of the proposed employment.
11. The alien is qualified to perform the duties of the offered
position.
12. The alien's membership in the prospective employer's
denomination for at least two years prior to admission to
the United States.
13. That, if the position is not a religious vocation, 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.
14. The prospective employer's ability and intention to
compensate and otherwise support (through housing, for
example) the alien at a level at which the alien and
accompanying family members will not become public
charges.

Form I-360 Instructions (Rev. 06/19/09)Y Page 4

Initial Evidence Relating to the
Prospective Employer

C. Received no salary but provided for his or her own
support and for any dependents, the prospective
employer must show source of support was
maintained by submitting documents such as audited
financial statements, financial institution records,
brokerage account statements, trust documents signed
by an attorney, or other verifiable evidence
acceptable to USCIS.

The petitioner must submit the following initial evidence
relating to the prospective employer:
1.

A currently valid determination letter from the Internal
Revenue Service establishing status as a tax exempt
organization as defined in Part 9 above;

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;
and

A completed Religious Denomination Certification signed
and dated by an authorizing official, certifying under
penalty of perjury that the certification is true and correct.

Initial Evidence Related to the Alien's
Prior Employment
1.

DRAFT

A. Received salaried compensation, the petitioner must
submit IRS documentation that the alien received a
salary, such as an IRS Form W-2 or certified copies
of income tax returns.

Initial Evidence Related to Compensation
The prospective U.S. employer must submit verifiable
evidence of how the petitioner intends to compensate the alien.
The evidence may include:
1.

Qualifying prior experience during the two years
immediately preceding the petition, or preceding any
acceptable break in the continuity of the religious work,
must have occurred after the age of 14, and if acquired in
the United States, must have been authorized under U.S.
immigration law. If the alien was employed in the United
States during the two years immediately preceding the
filing of the application and:

B. Received non-salaried compensation, the petitioner
must submit IRS documentation of the non-salaried
compensation if available.

Past evidence of compensation for similar positions;
budgets showing monies set aside for salaries, leases, etc.;
documentation that food, housing, medical care, or
transportation will be provided; or other similar evidence.

C. Received no salary but provided for his or her own
support, and provided support for any dependents, the
petitioner must show source of support by submitting
additional documents such as audited financial
statements, financial institution records, brokerage
account statements, trust documents signed by an
attorney, or other verifiable evidence acceptable to
USCIS.

Internal Revenue Service (IRS) documentation, such as
IRS Form W-2 or certified tax returns, if available. If IRS
documentation is unavailable, the prospective employer
must explain why it is unavailable and submit comparable
verifiable documentation.

Specific evidence if the alien worked in the United States
during the two years immediately before the petition was
filed. If the alien:

If the alien was employed outside the United States during
such two years, the petitioner must submit comparable
evidence of the religious work.

A. Received salaried compensation, the prospective
employer must submit IRS documentation that the
alien received a salary, such as an IRS Form W-2 or
certified copies of income tax returns.

The prior religious work need not correspond precisely to
the type of work to be performed.

A break in the continuity of the work during the preceding
two years will not affect eligibility so long as:

B. Received non-salaried compensation, the prospective
employer must submit IRS documentation of the nonsalaried compensation if available.

Form I-360 Instructions (Rev. 06/19/09)Y Page 5

A. The alien was still employed as a religious worker;

A tour of the organization's facilities and, if appropriate,
the organization's headquarters or satellite locations;

An interview with the organization's officials;

A review of the organization's records related to
compliance with immigration laws and regulations; or

A visit to the locations where the alien will work or live.

B. The break did not exceed two years; and
C. The nature of the break was for further religious
training or for sabbatical that did not involve
unauthorized work in the United States. However, the
alien must have been a member of the petitioner's
denomination throughout the two years of qualifying
employment.

Initial Evidence Related to a Minister
If filing in behalf of a minister, the petitioner must submit the
following additional initial evidence:
1.

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

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:

DRAFT

Documents reflecting:

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

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

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 or her spouse
or child, is in danger as a direct result of the special nature
of his or her employment and as a direct result of the
Treaty.

A. Acceptance of the alien's qualifications as a minister
in the religious denomination;
B. The alien's completion of 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.
3.

For denominations that do not require a prescribed
theological education, evidence of:
A. The denomination's requirements for ordination to
minister;

The petition must be filed with:
1.

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

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

B. The duties allowed to be performed by virtue of
ordination;
C. The denomination's levels of ordination, if any; and
D. The alien's completion of the denomination's
requirements for ordination.

Special Immigrant Physician
Verification of Evidence

Any person may file this petition for an alien who:

USCIS may verify the submitted evidence through any means
that USCIS determines as appropriate, up to and including an
on-site inspection. If USCIS decides to conduct a preapproval inspection, satisfactory completion of such
inspection will be a condition for approval of any petition. The
inspection may include:

Graduated from a medical school or qualified to practice
medicine in a foreign state;

Form I-360 Instructions (Rev. 06/19/09)Y Page 6

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:
1.

Letters from the person's employers, detailing his or her
employment since January 8, 1978, including the current
employment; and

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:

B. Six years, are now on active duty, and have reenlisted
to incur a total active duty service obligation of at
least 12 years;
3.

You are a national of an independent state that 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:

DRAFT

Copies of relevant documents that demonstrate that the
person filed for meets all the above criteria.

Special Immigrant International Organization
Employee or Family Member

A. Twelve years, and were never separated from such
service except under honorable conditions; or

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

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:
1.

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.

Copies of evidence documenting the relationship between
the person this petition is for and the employee.

The petition must be filed with:

Armed Forces Member

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

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.

You may file this petition for yourself if:
1.

You have served honorably on active duty in the U.S.
Armed Forces 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:

Form I-360 Instructions (Rev. 06/19/09)Y Page 7

Iraq National Who Was Employed by or on
Behalf of the U.S. Government in Iraq
1.

B. A positive recommendation from your senior
supervisor or the person currently occupying that
position, or a more senior person if your senior
supervisor has left the employer or has left Iraq,
confirming employment of not less than one year on
or after March 20, 2003;

You may file this petition for yourself if:
A. You are a national of Iraq;
B. You have established to the satisfaction of the Chief
of Mission, or the designee of the Chief of Mission,
that you were or are employed by or on behalf of the
U.S. Government in Iraq on or after March 20, 2003,
for a period of not less than one year;

C. Proof of risk assessment conducted by the Chief of
Mission, or the designee of the Chief of Mission;
D. Proof of independent review conducted by the Chief
of Mission, or the designee of the Chief of Mission, of
records maintained by the U.S. Government or hiring
organization or entity to confirm employment and
faithful and valuable service to the U.S. Government;
and

C. You have established to the satisfaction of the Chief
of Mission, or the designee of the Chief of Mission,
that you provided faithful and valuable service to the
U.S. Government. Your senior supervisor must
submit a recommendation to the U.S. Government or,
if your senior supervisor has left the employer or left
Iraq, either the person who is currently occupying
that position or someone in a more senior position
with the employing entity;

DRAFT

D. You have established to the satisfaction of the Chief
of Mission, or the designee of the Chief of Mission,
that you have experienced or are experiencing an
ongoing serious threat as a consequence of the
employment by or on behalf of the U.S. Government;

You may self-petition for immediate relative or familysponsored 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 or have resided in
the United States with the U.S. citizen or lawful
permanent resident abuser in the past;

Entitlement to status of surviving spouse or child:

Have been battered by or have been the subject of
extreme cruelty perpetrated by:

You are also classifiable as a special immigrant described
in section 1244 of Pub. L. 110-181 if you are the spouse
or child of a principal alien who had a petition approved
by USCIS, but the petition was terminated after its
approval due to the death of the principal alien.

A. 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;

The petition must be filed with:

B. Your citizen or lawful permanent resident parent while
residing with that parent;

F. You are otherwise eligible to receive an immigrant
visa and are admissible to the United States for
permanent residence, excluding the grounds of
inadmissibility specified in section 212 (a) (4) of the
INA.

Self-Petitioning Battered or Abused Spouse or Child
of a U.S. Citizen or Lawful Permanent Resident

E. You have or will have cleared a background check
and appropriate screening as determined by the
Secretary of Homeland Security; and

E. If you are physically present in the United States, you
must also submit a copy of the front and back of your
Arrival Departure Record (Form I-94).

A. A copy of your passport, birth certificate, or national
identification card showing that you are a national of
Iraq. If the document is in a foreign language, a
certified English translation must be provided.

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

Form I-360 Instructions (Rev. 06/19/09)Y Page 8

If you are an abused spouse, you 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.
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:
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,
mortgages, rental records, insurance policies, or
affidavits;

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.

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.

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.

DRAFT

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, State-issued 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

The hotline services are available 24 hours a day, seven 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.

Surviving Spouses of Deceased U.S. Citizens Who
Died Before the Second Anniversary of the Marriage
(And the Surviving Spouse's Qualifying Children)
You may apply for deferred action if you:
1.

Are the surviving spouse of a U.S. citizen;

Were married to (and not legally divorced or legally
separated from) that U.S. citizen at the time of his/her
death;

Are presently residing in the United States;

4A. Understand that for the purposes of this program, Form
I-360 is being used as a means to determine your
eligibility for deferred action ONLY; and
B. Understand that the grant of deferred action as requested
on your Form I-360 does not make you a special
immigrant or classify you as an immigrant for purposes of
establishing eligibility for an immigrant visa or
adjustment of status to permanent resident in the United
States and does not mean that you are eligible to selfpetition as a widow/widower or special immigrant;

Form I-360 Instructions (Rev. 06/19/09)Y Page 9

May include your children who are presently residing in
the United States in this request for deferred action by
listing them in Part 9, if they meet the following
definition of qualifying children:

C. You remarried after the death of the U.S. citizen
spouse regardless of whether you are currently
divorced from that person or that person has also
died; or

For the purposes of a petition for deferred action as a
surviving spouse of a deceased U.S. citizen, who died
before the second anniversary of the marriage and his or
her qualifying children, the term "qualifying children" is
defined as follows:

D. You were legally separated from your U.S. citizen
spouse at the time of his or her death;

A. Any children of the surviving alien spouse of the
deceased U.S. citizen who are:
i.

Under the age of 21 years at the time of the filing
of the request for deferred action, or under the age
of 21 years at the time any immediate relative
petition was filed on their behalf by the deceased
U.S. citizen spouse;

ii. Unmarried; and

6A. The deferred action applicant must complete Parts 1, 3,
4, 7, 9, 10, and 11 of Form I-360;
B. Check "m" in Part 2 of Form I-360 and write in the
appropriate language specified within these instructions.
(NOTE: Your failure to check "m" and write in the
appropriate language may result in a denial of the
petition.);
7.

Submit the appropriate fee with your Form I-360; and

Submit your deferred action request (Form I-360 with
appropriate fee) with the supporting documents listed
under "Widow/Widower of a U.S. Citizen" on Pages 1-2
of these instructions.

DRAFT

iii. Presently residing in the United States.
B. Qualifying children do not include the following
persons:

General Instructions

i. Children born in the United States;
ii. Children who are the natural or lawfully adopted
children or sons and daughters of the deceased
U.S. citizen, unless they are also the stepchildren
of the surviving alien spouse by virtue of the
marriage to the U.S. citizen having taken place
before the children's 18th birthdays;
iii. Married sons or daughters of the surviving alien
spouse;
iv. The sons or daughters of the surviving alien
spouse who are outside the United States at the
time that the deferred action request is filed; or
v. Sons or daughters of the surviving alien spouse
who have reached the age of 21 years at the time
that the request for deferred action was filed,
unless Form I-130 was filed on their behalf as
immediate relative children before their 21st
birthdays.
The following circumstances will make you ineligible for
deferred action under this program:
A. A divorce legally terminating the spousal relationship
between you and the now deceased U.S. citizen;

Step 1. Fill Out Form I-360
1.

Type or print legibly in black ink.

If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.

Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

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.

If you are the surviving alien spouse of a deceased U.S.
citizen who died before the second anniversary of the
marriage, you must check "m" in Part 2 of Form I-360
and write the following in the space provided: "Deferred
Action: Surviving spouse of a U.S. citizen, married less
than 2 years."
NOTE: You cannot file a concurrent Form I-485 with
Form I-360.

B. You were married to another person at the time of
your qualifying U.S. citizen spouse's death;
Form I-360 Instructions (Rev. 06/19/09)Y Page 10

Step 2. General Requirements

Amerasian

Translations. Any document containing a foreign language

submitted to USCIS must be accompanied by a full English
language translation that the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.

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

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.

Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.

Where To File?

Widow or Widower
1.

If you are filing only Form I-360, it must be filed at the
Vermont Service Center.

Form I-360 may also be filed concurrently with Form
I-485. Concurrent Form I-360/I-485 widow/widower
filings must be filed with the USCIS Lockbox.

If you live outside the United States, you may file Form
I-360 at the USCIS office or U.S. Embassy or consulate
that has jurisdiction over the area where you live.

DRAFT

Where Form I-360 is submitted depends on where you live
and/or the category in which you are filing. See the following
instructions to determine where to file the petition. For
Service Center and Lockbox mailing addresses, go to
"Mailing Addresses" at the end of this section.

Special Immigrant Juvenile Court Dependent
Updated Filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed. If
you are filing Form I-360 more than 30 days after the latest
edition date shown in the lower right-hand corner, visit our
Web site at www.uscis.gov before you file, and check the
"Immigration Forms" page to confirm the correct filing
address and version currently in use. Check the edition date
located in the lower right-hand corner of the form.
If the edition date on your Form I-360 matches the edition date
listed for Form I-360 on the online "Immigration Forms" page,
your version is current and will be accepted by USCIS. If the
edition date on the online version is later, download a copy
and use the online version. If you do not have Internet access,
call the National Customer Service Center at 1-800-375-5283
to verify the current filing address and edition date.
Improperly filed forms will be rejected, and the fee
returned, with instructions to resubmit the entire filing
using the current form instructions.

Form I-360 may be filed alone or concurrently with Form
I-485 at the USCIS Lockbox.

Religious Worker or Minister
Form I-360 must be filed at the California Service Center,
regardless of where you live or work. It cannot be filed
concurrently with Form I-485.

Special Immigrant International Organization
Employee or Family Member
Form I-360 must be filed with the Nebraska Service Center,
regardless of where you live. It may be filed alone or
concurrently with Form I-485.

Armed Forces Member
1.

If you live outside the United States, file Form I-360 at
the USCIS office or U.S. Embassy or consulate abroad
that has jurisdiction over the area where you live.

If you live in the United States, file Form I-360 with the
Vermont or California Service Center, depending on the
place where you live, or you may file it concurrently with
Form I-485 at the USCIS Lockbox.

Form I-360 Instructions (Rev. 06/19/09)Y Page 11

Afghan and Iraqi Translators/Interpreters, or Iraqi
Employees Who Worked for or on Behalf of the U.S.
Government
Form I-360 must be filed at the Nebraska Service Center,
regardless of where you live. It cannot be filed concurrently
with Form I-485.

If you live in Alaska, Arizona, California, Colorado, Guam,
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, or Wyoming, file this petition with the California
Service Center.

Mailing Addresses
International Broadcasters

Service Center Addresses:

Form I-360 must be filed at the Vermont Service Center,
regardless of where you live or work. It cannot be filed
concurrently with Form I-485.

Self-Petitioning Battered or Abused Spouse or Child
Form I-360 must be filed at the Vermont Service Center,
regardless of where you live. In some cases it may be filed
concurrently with Form I-485 (see note below).

California Service Center:
USCIS
California Service Center
P.O. Box 10360
Laguna Niguel, CA 92607-0360

DRAFT

NOTE: Form I-485 may be filed concurrently with Form
I-360 if the abusive spouse or parent is a U.S. citizen.
Otherwise, an immigrant visa number must be immediately
available to file the I-485 concurrently.

Nebraska Service Center
USCIS
Nebraska Service Center
P.O. Box 87360
Lincoln, NE 68501-7360

Vermont Service Center

Surviving Spouses of Deceased U.S. Citizens Who
Died Before the Second Anniversary of the Marriage
(And the Surviving Spouse's Qualifying Children)

USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

If you are filing as a surviving spouse of a U.S. citizen who
died prior to 2 years of marriage, you must file your Form
I-360 with the appropriate fee and supporting documents with
the Vermont Service Center.

USCIS Lockbox Addresses

For other categories including:
1.

Panama Canal Company Employment;

Canal Zone Government Employment;

U.S. Government in Canal Zone Employment; or

Special Immigrant Physician.

File Form I-360 with the California Service Center or the
Vermont Service Center, depending on where you live:

For U.S. Postal Service (USPS) deliveries, use the
following P.O. Box Number:
USCIS
Attn: I-360
Box 805887
Chicago, IL 60680-4120
For Courier or Special Delivery, use:
USCIS
Attn: I-360
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

If you live in Alabama, Arkansas, Connecticut, Delaware, the
District of Columbia, Florida, Georgia, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Mississippi, New
Hampshire, New Jersey, New Mexico, New York, North
Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto
Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia,
U.S. Virgin Islands, or West Virginia, file this petition with
the Vermont Service Center.
Form I-360 Instructions (Rev. 06/19/09)Y Page 12

How to Check If the Fees Are Correct

What Is the Filing Fee?
The filing fee for Form I-360 is $375, except there is no fee if
filing for an Amerasian, a Special Immigrant Juvenile, as a
self-petitioning battered or abused spouse or child of a U.S.
citizen or lawful permanent resident, or Iraqi national who
worked for or on behalf of the U.S. Government in Iraq.
An additional biometric fee of $80 is required when filing
Form I-360 on behalf of an Amerasian. After you submit
Form I-360, USCIS will notify you about when and where you
will need to go for biometric services.
You may submit one check or money order for both the
application and biometric fees, for a total of $455.

The form and biometric fees on this form are 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 fees are correct by following one of the steps
below:
1.

Visit our Web site at www.uscis.gov, select "Immigration
Forms," and check the appropriate fee;

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 Form I-360 requires payment of a biometric
service fee for USCIS to take your fingerprints, photograph, or
signature, you can use the same procedure to obtain the correct
biometric fee.

DRAFT

Use the following guidelines when you prepare your check or
money order for Form I-360, and the biometric service fee if
applicable:
1.

The check or money order must be drawn on a bank or
other financial institution located in the United States, and
must be payable in U.S. currency; and
Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.

NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."

Address Changes
If you change your address and you have an application or
petition pending with USCIS, you may change your address
online at www.uscis.gov, click on "Change your address with
USCIS," and follow the prompts, or you may complete and
mail Form AR-11, Alien's Change of Address Card, to:
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours and will be shown on your regular
account statement.

For commercial overnight or fast freight services only, mail to:

You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.

Processing Information

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Any Form I-360 that is not signed or accompanied by the
correct fee will be rejected with a notice that Form I-360 is
deficient. You may correct the deficiency and resubmit Form
I-360. An application or petition is not considered properly
filed until accepted by USCIS.

Form I-360 Instructions (Rev. 06/19/09)Y Page 13

Initial Processing

Privacy Act Notice

Once Form I-360 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.

Requests for More Information or Interview
We may request more 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

We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. 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 Form I-360.

USCIS Compliance Review and Monitoring
By signing this form, you have stated under penalty of perjury
(28 U.S.C.1746) that all information and documentation
submitted with this form is true and correct. You also have
authorized the release of any information from your records
that USCIS may need to determine eligibility for the benefit
you are seeking and consented to USCIS verification of such
information.

DRAFT

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.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet Web site at www.
uscis.gov.
As an alternative to waiting in line for assistance at a USCIS
office, you can now schedule an appointment through our
Internet-based system. To access the system, visit our Web
site. 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.

Penalties

The Department of Homeland Security has the right to verify
any information you submit to establish eligibility for the
immigration benefit you are seeking at any time. Our legal
right to verify this information is in 8 U.S.C. 1103, 1155,
1184, and 8 CFR parts 103, 204, 205, and 214. To ensure
compliance with applicable laws and authorities, USCIS may
verify information before or after your case has been decided.
Agency verification methods may include, but are not limited
to: review of public records and information; contact via
written correspondence, the Internet, facsimile or other
electronic transmission, or telephone; unannounced physical
site inspections of residences and places of employment; and
interviews. Information obtained through verification will be
used to assess your compliance with the laws and to determine
your eligibility for the benefit sought.
Subject to the restrictions under 8 CFR part 103.2(b)(16), you
will be provided an opportunity to address any adverse or
derogatory information, that may result from a USCIS
compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated
an adverse action which may result in revocation or
termination of an approval.

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-360, we will
deny Form I-360 and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Form I-360 Instructions (Rev. 06/19/09)Y Page 14

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 2 hours per response,
(except 3 hours per response for Iraqi Nationals who were
employed by or on behalf of the U.S. Government in Iraq, and
2 hours and 15 minutes per response for Religious Workers),
including the time for reviewing instructions and completing
and submitting the form. Send comments regarding this
burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden,
to: U.S. Citizenship and Immigration Services, Regulatory
Products Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529-2210. OMB No.
1615-0020. Do not mail your application to this address.

DRAFT

Form I-360 Instructions (Rev. 06/19/09)Y Page 15

File Type	application/pdf
File Modified	2009-06-22
File Created	2007-07-27