Petition for Amerasian, Widow or Special Immigrant

Petition for Amerasian, Widow or Special Immigrant

I360-INS-01142013

Petition for Amerasian, Widow or Special Immigrant

OMB: 1615-0020

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OMB No. 1615-0020; Expires 01/31/2013
Department of Homeland Security
U.S. Citizenship and Immigration Services

What Is the Purpose of This Form?

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

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:
A. Religious Worker;
B. Panama Canal Company Employee, Canal Zone
Government Employee, U.S. Government in the Canal
Zone Employee;
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;
3. Photograph of the person; and

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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;

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

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

Who May File Form I-360?
Widow/Widower of a U.S. Citizen
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.
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.

You may file this petition for yourself if:
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.
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.

Form I-360 Instructions (01/14/13) N

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:
1. A 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
3. A copy of the death certificate of your U.S. citizen spouse.

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.
To qualify, the alien must:
1. 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

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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

5. 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.
The petition must be filed with:
1. Copy of the juvenile's birth certificate or other evidence of
his or her age; and
2. 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.

2. 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.
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
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
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:

Form I-360 Instructions (01/14/13) N Page 2

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.

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

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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.

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:
1. Was a 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

Special Immigrant Physician

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. Entered the United States as an "H" or "J" nonimmigrant
before January 9, 1978; and
4. 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
2. Copies of relevant documents that demonstrate that the
person for whom the petition is filed meets all the above
criteria.

Special Immigrant International Organization
Employee or Family Member
Certain long-term "G" and "N" nonimmigrant employees of a
qualifying international organization entitled to enjoy
privileges, exemptions, and immunities under the International
Organizations Immunities Act, and certain relatives of such an
employee, may be eligible to apply for classification as a
Special Immigrant. To determine eligibility, contact the
qualifying international organization or your local USCIS
office.

Form I-360 Instructions (01/14/13) N Page 3

The petition must be filed with:
1. 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 for whom the
petition is filed; and
2. 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 have served honorably on active duty in the U.S.
Armed Forces after October 15, 1978;

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. A copy of your passport or birth certificate showing that
you are a national of Afghanistan or Iraq;
2. 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.

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2. 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:
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;

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
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. 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
2. Your birth certificate.

Afghanistan or Iraq National Supporting U.S. Armed
Forces as a Translator
You may file this petition for yourself if:

Iraq National Who Was Employed by or on Behalf of
the U.S. Government in Iraq
1. 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, Embassy Kabul, 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
October 7, 2001, 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

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;

Form I-360 Instructions (01/14/13) N Page 4

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).
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;

C. Have 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
Afghanistan, either the person who is currently
occupying that position or someone in a more senior
position with the employing entity;
D. 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. Have or will have cleared a background check and
appropriate screening as determined by the Secretary
of Homeland Security; and
F. 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) (8 U.S.C. 1182(a)(4)) of
the Immigration and Nationality Act (INA).

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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;
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
E. If you are physically present in the United States, a
copy of the front and back of your Form I-94, ArrivalDeparture Record.

Afghan National Who Was Employed by or on
Behalf of the U.S. Government in Afghanistan
1. You may file this petition for yourself if the appropriate
Chief of Mission or the designee of the appropriate Chief
of Mission has approved your filing of this petition and
you:
A. Are a national of Afghanistan;
B. Were or are employed by or on behalf of the U.S.
Government in Afghanistan on or after October 7,
2001, for a period not less than 1 year;

2. Entitlement to apply for status of a surviving spouse or
child:
You are also classifiable as a special immigrant described
in Section 602(b) of Pub. L. 111-8 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. A copy of your passport, birth certificate, or national
identification card showing that you are a national of
Afghanistan. If the document is in a foreign language,
a certified English translation must be provided;
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
Afghanistan, confirming employment of not less than 1
year on or after October 7, 2001;

C. Approval of your submission of this petition from the
appropriate Chief of Mission or designee of the
appropriate Chief of Mission;
D. Proof of risk assessment conducted by the Chief of
Mission, or the designee of the Chief of Mission;
E. 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

Form I-360 Instructions (01/14/13) N Page 5

F. 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;

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;
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;

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

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

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

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. Are a spouse, and entered into the marriage to the U.S.
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. 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:

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.

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.

Form I-360 Instructions (01/14/13) N Page 6

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.

General Instructions
Each petition must be accompanied by the appropriate filing
fee.
If you are under 14 years of age, your parent or legal guardian
may sign the petition on your behalf.
Evidence. You must submit all required initial evidence along
with all the supporting documentation with your application at
the time of filing.

Copies. Unless specifically required that an original

If a passport was used upon the last admission to the United
States, enter that passport number in the space provided
even if the passport is now expired. Also provide the
country of issuance and expiration date. If a travel
document other than a passport was used to enter the
United States, enter this information in the spaces where
"Travel Document" data is requested.
A travel document is an identity document issued by a
government or an international treat organization to
facilitate the movement of individuals or small groups of
persons across international boundaries. This may include,
but is not limited to, laissez-passer and emergency
passports, United Nations travel documents, and refugee
travel documents.

What Is the Filing Fee?

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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.

Translations. Any document containing foreign language

submitted to USCIS must be accompanied by a full English
language translation which 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.

How to 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. If an item is not
applicable or the answer is "none," leave the space blank.
4. Every petition must be properly signed and filed. A
photocopy of a signed application or a typewritten name in
place of a signature is not acceptable.
5. Regarding the I-94 or travel document: Provide the I-94
number which may have been received from U.S.
Customs and Border Protection upon arrival and
admission to the United States, or from U.S. Citizenship
and Immigration Services if immigration status was
granted within the United States. The I-94 number is on
the Form I-94 Arrival-Departure Record, which may be
noted as the Departure Number on some versions. If CBP
did not provide a Form I-94 upon arrival/admission to the
United States, a print out of the Form I-94 may be
obtained according to the instructions provided by
CBP. Also, provide the date of arrival and the date that the
current nonimmigrant status expired or will expire.

The filing fee for Form I-360 is $405, 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; an Iraqi national who
worked for or on behalf of the U.S. Government in Iraq; or an
Afghan national who worked for or on behalf of the U.S.
Government in Afghanistan.

Use the following guidelines when you prepare your check or
money order for Form I-360 fee:
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.
NOTE: Spell out U.S. Department of Homeland Security;
do not use the initials "USDHS" or "DHS."

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.

Form I-360 Instructions (01/14/13) N Page 7

How to Check If the Fees Are Correct
The fee on this form is current as of the edition date appearing
in the lower right corner of this page. However, because
USCIS fees change periodically, you can verify if the fees are
correct by following one of the steps below:
1.

Visit the USCIS Web site at www.uscis.gov, select
"FORMS," and check the appropriate fee; or

2.

Telephone the USCIS National Customer Service Center
at 1-800-375-5283 and ask for the fee information. For
TDD (hearing impaired) call 1-800-767-1833.

Where to File?
Please see our Web site at www.uscis.gov/I-360 or call the
USCIS National Customer Service Center at 1-800-375-5283
for the most current information about where to file this
benefit request. For TDD (hearing impaired) call:
1-800-767-1833.

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
You can get USCIS forms and immigration-related
information on the USCIS Web site at www.uscis.gov. You
may order USCIS forms by calling our toll-free number at
1-800-870-3676. You may also obtain forms and information
by telephoning our USCIS National Customer Service Center
at 1-800-375-5283.

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Address Changes

If you have changed your address, you must inform USCIS of
your new address. For information on filing a change of
address go to the USCIS Web site at www.uscis.gov/
addresschange or contact the USCIS National Customer
Service Center at 1-800-375-5283.
NOTE: Do not submit a change of address request to USCIS
Lockbox facilities because USCIS Lockbox facilities do not
process change of address requests.

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.
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.

As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
USCIS Intenet-based system, InfoPass. To access the system,
visit USCIS 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

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.

USCIS Privacy Act Statement
AUTHORITIES: The information requested on this form,
and the associated evidence, is collected under the
Immigration and Nationality Act section 222, 8 U.S.C.
sections 1107(a)(27), 1103, 1153(b), and 1202, and 8 CFR
parts 103 and 204.
PURPOSE: The primary purpose for providing the requested
information on this form is to petition for an immigrant visa
for certain special immigrants. The information you provide
will be used to grant or deny the benefit.
DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in
denial of your form.

Form I-360 Instructions (01/14/13) N Page 8

ROUTINE USES: The information you provide on this
benefit petition may be shared with other federal, state, local,
and foreign government agencies and authorized organizations
in accordance with approved routine uses, as described in the
associated published system of records notices [DHSUSCIS-007 - Benefits Information System and DHS/USCIS/
ICE/CBP-001 - Alien File, Index, and National File Tracking
System, which can be found at www.dhs.gov/privacy]. The
information may also be made available, as appropriate, for
law enforcement purposes or in the interest of national
security.

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.

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 and 5 minutes
per response (except 3 hours and 5 minutes per response for
Iraqi Nationals who were employed by or on behalf of the
U.S. Government in Iraq, and 2 hours and 20 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 Coordination Division,
Office of Policy and Strategy, 20 Massachusetts Ave., N.W.,
Washington, DC 20529-2140. OMB No. 1615-0020. Do not
mail your completed Form I-360 to this address.

DRAFT Not For
Reproduction
01/14/2013

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.

Form I-360 Instructions (01/14/13) N Page 9


File Typeapplication/pdf
File TitleInstructions for Petition for Amerasian, Widow(er), or Special Immigrant
AuthorUSCIS
File Modified2013-01-14
File Created2013-01-14

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