I-360 Instructions Table of Changes

I360-007-INS-TOC-BiometricsRule-NPRM-05182020.docx

Petition for Amerasian, Widow(er) or Special Immigrant

I-360 Instructions Table of Changes

OMB: 1615-0020

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TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0020

05/18/2020


Reason for Revision: Biometrics Rule

Project Phase: NPRM


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes

Expires 04/30/2020

Edition Date 4/12/2018



Current Page Number and Section

Current Text

Proposed Text

Pages 1-10,

Who May File Form I-360?

[page 7]



5. If you are 14 years of age or older, 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 where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition; and



[page 7]



5. If you are applying from outside the U.S., 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 abroad where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition; and



Pages 10-12,

General Instructions

[page 10]


Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)


Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional biometric services fee. If you file this petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a biometric services fee.


Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in these Instructions.


Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your petition and ensures it is complete, we will inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.






[page 11]


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:



3. All of this information was complete, true, and correct at the time of filing.


If you fail to attend your biometric services appointment, USCIS may deny your petition.


Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you.



[page 10]


Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)


[deleted]













Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in these Instructions.


Biometric Services Appointment. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement.  You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request.


DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority. 


[page 11]


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:



3. All of this information was complete, true, and correct at the time of filing.


[deleted]




Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you.



Page 14,

Processing Information

[page 14]



Request for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.


.


[page 14]



Request for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to verify your identity and/or update background and security checks.



.


Page 15,

USCIS Privacy Act Statement

[Page 15]


USCIS Privacy Act Statement


AUTHORITIES: The information requested on this petition, 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. If this petition is filed pursuant to VAWA, the information contained herein is also protected under 8 U.S.C. section 1367.

PURPOSE: The primary purpose for providing the requested information on this petition is to determine if you have established eligibility for the immigration benefit for which you are filing. DHS will use the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your petition.



ROUTINE USES: DHS may share the information you provide on this petition with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security. If the information contained in Form I-360 is protected under 8 U.S.C. section 1367, any sharing with Federal, state, local, or foreign agencies will be done in accordance with 8 U.S.C. section 1367.


[Page 15]


DHS Privacy Notice


AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the Immigration and Nationality Act section 204.






PURPOSE: The primary purpose for providing the requested information on this petition is to petition for an immigrant visa for certain special immigrants. DHS will use the information you provide to grant or deny the benefit you are seeking.




DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your petition.


ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems] which can be found at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.


Page 16,

Paperwork Reduction Act

[page 16]


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 Office of Management and Budget (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 or Afghan Nationals who were employed by or on behalf of the U.S. Government in Iraq or Afghanistan, and 2 hours and 20 minutes per response for Religious Workers), including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. 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 NW, Washington, DC 20529-2140; OMB No. 1615-0020. Do not mail your completed Form I-360 to this address.


[page 16]


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 Office of Management and Budget (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 or Afghan Nationals who were employed by or on behalf of the U.S. Government in Iraq or Afghanistan, and 2 hours and 20 minutes per response for Religious Workers), including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 3 hours and 40 minutes. 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 NW, Washington, DC 20529-2140; OMB No. 1615-0020. Do not mail your completed Form I-360 to this address.



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