Petition for Amerasian, Widow or Special Immigrant

Petition for Amerasian, Widow or Special Immigrant

I-360instr 112309

Petition for Amerasian, Widow or Special Immigrant

OMB: 1615-0020

Document [pdf]
Download: pdf | pdf
Department of Homeland Security
U.S. Citizenship and Immigration Services

DRAFT

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

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

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.
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;

What Is the Purpose of This Form?
This petition is used to classify an alien as:
1.

An Amerasian;

2.

A Widow or Widower;

3.

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

4.

A special immigrant defined as one of the following;

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;

3.

Photograph of the person; and

4.

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

A. Religious Worker;
B. Panama Canal Company Employee, Canal Zone
Government Employee, U.S. Government in the
Canal Zone Employee;
C. Physician;
D. International Organization Employee or Family
Member;
E. Juvenile Court Dependent;
F.

Armed Forces Member;

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

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.
1.

Form I-361, Affidavit of Financial Support and Intent to
Petition for Legal Custody of Public Law 97-359
Amerasian, 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;

2.

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

3.

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

H. Iraq national who worked for or on behalf of the U.S.
Government in Iraq.

Who May File Form I-360?
Amerasian
Any person who is 18 years of age 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.

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

The petition must be filed with:
1.

Copies of evidence showing that the person who is subject
of this petition was born in one of the above countries
between those dates.

1.

You were married to a U.S. citizen who is now deceased
and who was a U.S. citizen at the time of death.

2.

Your citizen spouse died less than 2 years before the date
on which you file this petition.

Form I-360 Instructions (Rev. 11/23/09)N

DRAFT

NOTE: If your spouse died before October 28, 2009, you
may still file this petition if you do so no later than
October 28, 2011.

NOTE: If your citizen spouse filed a Form I-130 for you
before your citizen spouse died, you do not need to file
this petition. Under 8 CFR 204.2(i)(1)(iv), your citizen
spouse's Form I-130 was converted to a widow(er)'s Form
I-360 when your citizen spouse died.
3.

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

4.

You have not remarried.

The petition must be filed with:

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

Is present in the United States;

2.

Is unmarried and less than 21 years of age;

3.

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, or an individual or entity appointed by a State
or juvenile court;

4.

Has been the subject of a determination by a juvenile
court in the United States that reunification with one or
both of the juvenile's parents is not viable due to abuse,
neglect, abandonment, or a similar basis under State law;
and
Has been the subject of administrative or judicial
proceedings that determined that it would not be in the
juvenile's best interest to be returned to the juvenile's or
his or her parent's country of nationality or last habitual
residence.

1.

Copy of your marriage certificate to the U.S. citizen and
proof of termination of any prior marriages of either of
you;

2.

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

5.

3.

Copy of the death certificate of your U.S. citizen spouse.

The petition must be filed with:
1.

Copy of the juvenile's birth certificate or other evidence of
his or her age; and

Any person, including the alien, may file this petition for an
alien who:

2.

Copies of the court or administrative document(s) upon
which the claim to eligibility is based.

1.

Is present in the United States;

2.

Is unmarried and less than 21 years of age;

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.

3.

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, or an individual or entity appointed by a State
or juvenile court;

Special Immigrant Juvenile

4.

5.

Has been the subject of a determination by a juvenile
court in the United States that reunification with one or
both of the juvenile's parents is not viable due to abuse,
neglect, abandonment, or a similar basis under State law;
and
Has been the subject of administrative or judicial
proceedings that determined that it would not be in the
juvenile's best interest to be returned to the juvenile's or
his or her parent's country of nationality or last habitual
residence.

Special Immigrant Religious Worker
A U.S. employer or an alien may file this petition for an alien
who seeks to enter the United States to be employed full time
by a bona fide nonprofit religious organization in the United
States (or a bona fide organization that is affiliated with the
religious denomination in the United States) to work:
1. Solely as a minister of that religious 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.

Form I-360 Instructions (Rev. 11/23/09)N Page 2

To qualify, the alien must:
1.

2.

DRAFT

Have been a member of a religious denomination that has
a bona fide nonprofit religious organization in the United
States for at least the 2 years immediately preceding the
filing of the petition; and
Have been working in one of the positions described
above, either abroad or in lawful immigration status in the
United States, and after the age of 14 years continuously
for at least 2 years immediately preceding the filing of the
petition.

NOTE: All religious workers, other than ministers,
immigrating to the United States as special immigrant
religious workers must immigrate or adjust to permanent
resident status before the established sunset date. Statutory
amendments may extend this date. USCIS will provide
information on its Web site at www.uscis.gov if the date is
extended.

2.

Employer Attestation (part of Form I-360) completed,
signed, and dated by an authorized official of the
prospective employer of an alien seeking religious worker
status;

3.

Verifiable evidence of how the prospective employer
intends to compensate the alien, including salaried or nonsalaried compensation;

4.

Evidence that the alien has been a member of the religious
denomination during at least the 2 years immediately
preceding the petition;

5.

Evidence to establish that the alien has been working in
one of the positions listed above, either abroad or in
lawful immigration status in the United States, and after
the age of 14 years continuously for at least the 2 years
immediately preceding the petition; and

6.

Evidence to establish the alien is qualified to perform the
duties of the offered position.

The petition must be filed with:
1. Evidence relating to the petitioning organization:
A. Currently valid determination letter from the Internal
Revenue Service (IRS) establishing that the
organization is a tax exempt organization; or

Special Immigrant Based on Employment With the
Panama Canal Company, Canal Zone Government,
or U.S. Government in the Canal Zone

B. For a religious organization that is recognized as tax
exempt under a group tax exemption, a currently valid
determination letter from the IRS establishing that the
group is tax-exempt; or

Any person may file this petition for an alien who, at the time
the Panama Canal Treaty of 1977 entered into force, either:

C. For a bona fide organization that is affiliated with the
religious denomination, if the organization was
granted tax-exempt status under section 501(c)(3) of
the Internal Revenue Code (IRC) of 1986, or
subsequent amendment or equivalent sections of prior
enactments of the IRC, as something other than a
religious organization:

1.

Was resident in the Canal Zone and had been employed
by the Panama Canal Company or Canal Zone
Government for at least 1 year; or

2.

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

3.

Was employed for 15 years and honorably retired; or was
an employee of the Panama Canal Company or Canal
Zone Government, had performed faithful service for 5
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.

i. Currently valid determination letter from the IRS
establishing that the organization is a tax-exempt
organization;
ii. Documentation that establishes the religious nature
and purpose of the organization, such as a copy of
the organizing instrument that specifies the
purposes of the organization;
iii. Organizational literature, such as books, articles,
brochures, calendars, flyers, and other literature
describing the religious purpose and nature of the
activities of the organization; and
iv. Religious Denomination Certification (part of Form
I-360) completed, signed, and dated by the
religious organization certifying that the petitioning
organization is affiliated with the religious
denomination.

The petition must be filed with:
1.

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

2.

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

Form I-360 Instructions (Rev. 11/23/09)N Page 3

Special Immigrant Physician

DRAFT
2.

Any person may file this petition for an alien who:
1.

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

2.

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;

3.
4.

A. Twelve years, and were never separated from such
service except under honorable conditions; or
B. Six years, are now on active duty, and have reenlisted
to incur a total active duty service obligation of at
least 12 years;

Entered the United States as an "H" or "J" nonimmigrant
before January 9, 1978; and

3.

Has been continuously present in the United States and
continuously engaged in the practice or study of medicine
since the date of such entry.

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

4.

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:
1.

You originally lawfully enlisted outside the United States
under a treaty or agreement in effect on October 1, 1991,
for a period or periods that total:

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

The petition must be filed with:
1.

Certified proof, issued by the authorizing official of the
executive department in which you are serving or have
served, that you have the required honorable active duty
service and/or commitment; and

Special Immigrant International Organization
Employee or Family Member

2.

Your birth certificate.

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.

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

2.

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

The petition must be filed with:
1.

2.

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

Armed Forces Member
You may file this petition for yourself if:
1.

You may file this petition for yourself if:
1.

You are a national of Afghanistan or Iraq;

2.

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

3.

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

4.

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:
1.

Copy of your passport or birth certificate showing that
you are a national of Afghanistan or Iraq;

2.

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 have served honorably on active duty in the U.S.
Armed Forces after October 15, 1978;

Form I-360 Instructions (Rev. 11/23/09)N Page 4

DRAFT

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

C. Proof of risk assessment conducted by the Chief of
Mission, or the designee of the Chief of Mission;

1. You may file this petition for yourself if:

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

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 1 year;
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;
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;
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, a
copy of the front and back of your Form I-94, ArrivalDeparture Record.

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 familysponsored immigrant classification if you:
1.

Are now the spouse or child of an abusive U.S. citizen or
lawful permanent resident;

2.

Are eligible for immigrant classification based on that
relationship;

3.

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;

4.

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

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 Immigration and
Nationality Act (INA).

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;

2. Entitlement to status of surviving spouse or child:
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.
3. The petition must be filed with:
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;

B. Your citizen or lawful permanent resident parent
while residing with that parent;
5.

Are a person of good moral character;

6.

Are a person whose removal or deportation would result
in extreme hardship to yourself, or to your child if you are
a spouse; and

7.

If you are a spouse, entered into the marriage to the
citizen or lawful permanent resident abuser in good faith.

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 1 year on or
after March 20, 2003;
Form I-360 Instructions (Rev. 11/23/09)N Page 5

DRAFT

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. After the approval of the self-petition
by USCIS, remarriage is permitted and will NOT affect
eligibility to become a lawful permanent resident or be
grounds for revocation of the approved self-petition.

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:
1. Evidence of the abuser's U.S. citizenship or lawful
permanent resident status;

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 TTY 1-800-787-3224.
The hotline services are available 24 hours a day, 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.

2. Marriage and divorce decrees, birth certificates, or other
evidence of your legal relationship to the abuser;
3. 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;

General Instructions
Step 1. Fill Out Form I-360
1.

Type or print legibly in black ink.

2.

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

3.

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

4.

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.

4. One or more documents showing that you are now residing
in the United States, such as the documents listed above;
5. 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;
6. 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 6 or more
months during the 3-year period immediately preceding
the filing of your self-petition;
7. 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
8. 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.

Step 2. General Requirements
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.

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 submission was not required.

Form I-360 Instructions (Rev. 11/23/09)N Page 6

Where To File?

DRAFT

Where you can submit Form I-360 depends on where you live
and/or the category in which you are filing. Read the
following instructions carefully to determine where to file the
petition, as the filing location may have changed.

Updated Filing Address Information
The filing addresses provided on this form reflect the most
current information as of the date USCIS last printed this
form. If you are filing Form I-360 more than 30 days after the
latest edition date shown in the lower right corner, visit our
Web site at www.uscis.gov before you file, and check the
"FORMS" page to confirm the correct filing address and
version currently in use. Check the edition date located in the
lower right 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 "FORMS" page, your
version is current. If the edition date on the online version is
more recent, download a copy and use it.
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.
USCIS will reject improperly filed forms. USCIS will
return the fee with instructions to resubmit the entire
filing using the current form instructions.

Self-Petitioning Battered or Abused Spouse or Child
(Part 2, Box "i" or "j" on the form):
You must file Form I-360 at the USCIS Vermont Service
Center, regardless of where you live. In some cases you may
file it concurrently with Form I-485.
NOTE: You may file Form I-485 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 Form I-485 concurrently.
USCIS Vermont Service Center
USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

Afghan and Iraqi Translators/Interpreters, or Iraqi
Employees Who Worked for or on Behalf of the U.S.
Government (Part 2, Box "k" or "l" on the form)

must file Form I-360 at the USCIS Nebraska Service Center,
regardless of where you live. You cannot file it concurrently
with Form I-485.
USCIS Nebraska Service Center
USCIS
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

You must file at the USCIS Chicago Lockbox
Facility if you are filing your Form I-360 under the
classification:
1. Amerasian (Part 2, Box "a" on the form):
NOTE: 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.
2. Widow or Widower (Part 2, Box "b" on form) filed
concurrently with Form I-485. (Note: Form I-360
submitted alone should go to the USCIS Dallas or Phoenix
Lockbox Facility, based on where the applicant lives. See
address chart on page 8 for guidance.)
3. Special Immigrant Juvenile (Part 2, Box "c" on the form):
You may file alone or concurrently with Form I-485.
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5520
If you are filing the Form I-360 for any other reason, file
your application at the USCIS Phoenix or Dallas Lockbox
facility, based on where you live. See chart.
Other filing categories include but are not limited to:
1. Religious Workers (Part 2, Box "d" on the form) must
file Form I-360 alone or concurrently with a Form I-485;

Form I-360 Instructions (Rev. 11/23/09)N Page 7

DRAFT

2. Panama Canal Company Employment (Part 2, Box "e"
on the form) must not file Form I-360 concurrently with a
Form I-485;
3. Canal Zone Government Employment or U.S.
Government in Canal Zone Employment (Part 2, Box
"e" on the form) must not file Form I-360 concurrently
with a Form I-485;
4. Special Immigrant Physician (Part 2, Box "f" on the
form) must not file Form I-360 concurrently with a Form
I-485;
5. Special Immigrant Organization Employee or Family
Member (Part 2, Box "g" on the form) must file Form
I-360 alone or concurrently with a Form I-485;
6. International Broadcasters (Part 2, Box "g" on the
form) must not file Form I-360 concurrently with a Form
I-485;
7. Members of the Armed Forces who live within the
United States (Part 2, Box "h" on the form) must file
Form I-360 alone or concurrently with a Form I-485.

USCIS Phoenix or Dallas Lockbox Facility
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
Wyoming

File your application at:
USCIS Phoenix Lockbox
For U.S. Postal Service
(USPS) deliveries:
USCIS
PO Box 21281
Phoenix, AZ 85036
For Express mail and courier
service deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

USCIS Phoenix or Dallas Lockbox Facility (continued)
If you live in:

File your application at:

Alabama
Arkansas
Connecticut
Delaware
District of Columbia
Florida
Georgia
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Oklahoma
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
Tennessee
Texas
Vermont
Virginia
U.S. Virgin Islands
West Virginia

USCIS Dallas LockBox
For U.S. Postal Services (USPS)
deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier
service deliveries:
USCIS
Attn: AOS
2501 S. State Hwy. 121, Business
Suite 400
Lewisville, TX 75067

E-Notification
If you are filing your Form I-360 at one of the USCIS
Lockbox facilities, you may elect to receive an e-mail and/or
text message notifying you that your application has been
accepted. You must complete Form G-1145, E-Notification of
Application/Petition Acceptance, and clip it to the first page of
your application. To download a copy of Form G-1145,
including the instructions, click on the link www.uscis.gov
"FORMS."

Form I-360 Instructions (Rev. 11/23/09)N Page 8

What Is the Filing Fee?

DRAFT

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.
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
2. 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."

How to Check If the Fees Are Correct
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 "Check
Filing Fees," and check the appropriate fee;

2.

Review the Fee Schedule included in your form package,
if you called us to request the form; or

3.

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.

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

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.
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.

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

Processing Information
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.

Initial processing. 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.
Form I-360 Instructions (Rev. 11/23/09)N Page 9

DRAFT

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. 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.

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.
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.

Penalties
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.

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 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.

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.
Form I-360 Instructions (Rev. 11/23/09)N Page 10


File Typeapplication/pdf
File TitleInstructions for Petition for Amerasian, Widow(er), or Special Immigrant
AuthorUSCIS
File Modified2009-12-01
File Created2009-04-06

© 2024 OMB.report | Privacy Policy