I-360 Instructions Table of Changes

I360-014-INS-TOC-FeeRule-OMBReview-NPRM-11212022.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

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

OMB Number: 1615-0020

11/21/2022


Reason for Revision: Fee Rule

Project Phase: OMB Review


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 04/30/2024

Edition Date 07/15/2022



Current Page Number and Section

Current Text

Proposed Text

Pages 11-16,


General Instructions

[Page 11]


General Instructions



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.




[Page 12]


5. Form I-94 Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form

I-94, Arrival-Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.


NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form

I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service.






[Page 11]


General Instructions



Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form.


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




[Page 12]


5. Form I-94 Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form

I-94, Arrival-Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.


NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013 with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form

I-94 from the CBP website without charge. If your Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for Form I-102. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form.

Page 13,


What Is the Filing Fee?

[Page 13]


What Is the Filing Fee?


The filing fee for Form I-360 is $435, except there is no filing fee if filing for:


1. An Amerasian;


2. A Special Immigrant Juvenile;


3. A VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident;


4. A VAWA self-petitioning parent of a U.S. citizen son or daughter;


5. An Afghanistan National or Iraq National who worked with the U.S. Armed Forces as a translator;


6. An Iraq National who worked for or on behalf of the U.S. Government in Iraq; or


7. An Afghanistan National who worked for or on behalf of the U.S. Government or International Security Assistance

Force (ISAF) in Afghanistan.


NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH.

You must submit all fees in the exact amounts.


Use the following guidelines when you prepare your check or money order for the Form I-360 filing 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.”


3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the

method of payment.


Notice to Those Making Payment by Check. If you send us a check, USCIS will convert it 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 your bank will show it on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your petition and charge you a returned check fee.


How To Check If The Fees Are Correct


Form I-360s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.


1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or


2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833.




[deleted]

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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD, 20588-0009; OMB No. 1615-0020. Do not mail your completed Form I-360 to this address.


[Page 15]


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 1.917 hours per response (except 2.917 hours per response for Iraqi or Afghan Nationals who were employed by or on behalf of the U.S. Government in Iraq or Afghanistan, and 2.167 hours 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD, 20588-0009; OMB No. 1615-0020. Do not mail your completed Form I-360 to this address.



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