We recently updated the filing location for Special Immigrant Juveniles filingForm I-360, Petition for Amerasian, Widow(er), or Special Immigrant, orForm I-485, Application to Register Permanent Residence or Adjust Status.
Petitioners previously filed both forms at the Chicago lockbox. Petitioners will now file at the lockbox associated with where they live.
Visit ourUSCIS Lockbox Filing Locations Chart for Certain Family-Based Formspage for the filing location based on where you live.
Use this form to classify an alien as:
- An Amerasian (born after Dec. 31, 1950, and before Oct. 23, 1982);
- The widow(er) of a U.S. citizen;
- A VAWA self-petitioning spouse of an abusive U.S. citizen or lawful permanent resident;
- A VAWA self-petitioning child of an abusive U.S. citizen or lawful permanent resident;
- A VAWA self-petitioning parent of an abusive U.S. citizen son or daughter who is 21 years old or older; or
- A special immigrant. We define a special immigrant as one of the following:
- Religious worker;
- Panama Canal company employee, Canal Zone government employee, or U.S. government in the Canal Zone employee;
- Physician licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;
- International organization or NATO-6 employee or family member;
- Juvenile who needs the protection of a juvenile court because they have been abused, neglected or abandoned by a parent;
- U.S. armed forces member;
- Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
- Iraqi national who worked for or on behalf of the U.S. government in Iraq;
- An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan; or
- Broadcasters for the United States Agency for Global Media (USAGM) or for a USAGM grantee.
Other classifications not listed above may also be eligible to use Form I-360. Please read the form instructions for more information.
Forms and Document Downloads
Form I-360 (PDF, 792.71 KB)
Instructions for Form I-360 (PDF, 458.58 KB)
Optional Checklist for Form I-360 Special Immigrant Religious Worker Filings (PDF, 253.99 KB)
Form Details
Edition Date
07/15/22.You can find the edition date at the bottom of the page on the form and instructions.
Dates are listed in mm/dd/yy format.
If you complete and print this form to mail it in, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form. If any of the form’s pages are missing or are from a different edition of the form, we may reject your form.
If you need help downloading and printing forms, read ourinstructions.
Where to File
Where you file depends on your eligibility category, where you live, and whether you are also filingForm I-485, Application to Register Permanent Residence or Adjust Status, at the same time (known as “concurrent filing”). For a complete list of addresses, visit ourDirect Filing Addresses for Form I-360page.
VAWA Self-Petitioning Spouses, Children, and Parents
File your Form I-360 at the Nebraska Service Center. For more information, visit ourDirect Filing Addresses for Form I-360page.
Special Immigrant Juvenile
Where you file your Form I-360 depends on your eligibility category. For more information, visit ourDirect Filing Addresses for Form I-360page.
When to File
Afghan citizens or nationals who already started the SIV application process and received COM approval on or before July 20, 2022, must still file aForm I-360with USCIS on their own behalf. For individuals in the United States with COM requests pending on July 20, 2022, please reference the chart below.
| Afghan nationals located in the United States | |
|---|---|
| If | Then |
| COM pending and have a signed DS-157 | Once COM and DS-157 are approved, file form I-485 |
| COM pending and have an unsigned DS-157 | Once COM isapproved, file form I-360 |
| COM pending and have noDS-157 | Once COM isapproved, file form I-360 |
| COM approved before 7/20/22 | File Form I-360 |
| I-360 pending with USCIS | Once I-360 is approved, file Form I-485 |
Filing Fee
$435.
However, you are exempt from paying the fee if you are:
- An Amerasian; (Box 1.A.on the form);
- A VAWA self-petitioning spouse of an abusive U.S. citizen or lawful permanent resident (Box 1.I.on the form);
- A VAWA self-petitioning child of an abusive U.S. citizen or lawful permanent resident (Box 1.J.on the form);
- A VAWA self-petitioning parent of an abusive U.S. citizen son or daughter (Box 1.K.on the form);
- A Special Immigrant Juveniles (Box 1.C.on the form);
- An Iraqi national who worked for or on behalf of the U.S. government in Iraq (Box 1.L.orBox 1.M.on the form); or
- An Afghan national who worked for or on behalf of the U.S. government in Afghanistan (Box 1.L.orBox 1.N.on the form).
You may pay the fee with a money order, personal check, cashier’s check orpay by credit cardusingForm G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.Use ourFee Calculatorto help determine your fee.
Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. Because of this, you must pay each filing fee separately for any form you submit. We may reject your entire package if you submit a single, combined payment for multiple forms.
If you are required to pay a fee for your petition or are unable to submit your petition electronically, you may still follow the form instructions and submit the Form I-360 by mail.
Checklist of Required Initial Evidence (for informational purposes only)
View thechecklistof required initial evidence.
Form Filing Tips
Filing Tips:Go to ourTips for Filing Forms by Mailpage for information on how to help ensure we will accept your application.
Don’t forget to sign your form.We will reject any unsigned form.
Special Instructions
New Filing Process for Afghan Special Immigrant Visa Petitions
Effective July 20, 2022, Afghan nationals seeking a Special Immigrant Visa (SIV) must fileForm DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, with the Department of State (DOS) when applying for Chief of Mission (COM) approval. This replaces the previous two-step process where Afghan nationals must first seek COM approval from DOS and then apply for SIV classification by filingForm I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS.
Attestation for Special Immigrant Religious Worker Classification
If you are filing Form I-360 for a special immigrant religious worker, you must submit the employer attestation in Form I-360. If applicable, you are also required to submit the religious denomination certification in Form I-360. See the form instructions for more information.
Widow(er)s of Deceased U.S. Citizens
At one time, section 201(b)(2)(A)(i) of the Immigration and Nationality Act said a citizen’s surviving spouse could file an immigrant visa petition if the citizen and surviving spouse had been married at least two years. On Oct. 28, 2009, section 568(c) of Pub. L. 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than two years when your spouse died. You must still file your Form I-360 no later than two years after your spouse’s death.
Your eligibility for classification as the widow(er) of a U.S. citizen based on a Form I-360 that you file after your citizen spouse died ends if you remarry before you immigrate or adjust status.
If your deceased citizen spouse filed a Form I-130, Petition for Alien Relative, before they died, you do not need to file a Form I-360 because we automatically converted your spouse’s Form I-130 to a Form I-360. If your immigrant visa petition was originally filed as a Form I-130, your remarriage does not necessarily mean you cannot immigrate. Section 204(l) of the Immigration and Nationality Act allows us to approve the petition as a Form I-130, even if you have remarried.
E-Notification:If you want to receive an e-mail and/or a text message that we have accepted your form at a USCIS lockbox facility, completeForm G-1145, E-Notification of Application/Petition Acceptanceand clip it to the first page of your petition.
Related Links
- Fact Sheet: USCIS To Process Applications of Widow(er)s of Deceased U.S. Citizens
- Immigrant Visa Petitions Returned by the State Department Consular Offices
- VIBE Program
Last Reviewed/Updated:
FAQs
Petition for Amerasian, Widow(er), or Special Immigrant? ›
What Is Form I-360. The USCIS I-360 form is for Amerasians, widow(er)s, or special immigrants to petition for a green card. Form I-360 grants you a classification that leads to one of the following visas through the adjustment of status process: Green card for a widow(er) of a U.S. citizen.
How long does it take for I-360 Special Immigrant to be approved? ›While USCIS generally adjudicates Form I-360 petitions for SIJ classification within 180 days, this time frame does not apply to Form I-485. If we approve your SIJ petition, we will send you an approval notice.
Can a widow apply for green card? ›The widow of a U.S. citizen may apply for a green card and even obtain U.S. citizenship. U.S. immigration law accommodates situations where the U.S. citizen spouse dies before the foreign national spouse may apply for permanent residence (green card).
What immigration forms do I need to petition for my husband already in the US? ›You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.
Who should file form I-360? ›Who May File Form I-360? If you are 18 years of age or older, you may file this petition for a beneficiary (including yourself) 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.
Can I stay in the U.S. while waiting for I-360 approval? ›However, with an approved I-360, you can remain lawfully in the U.S. and can apply for work authorization (an employment authorization document or EAD, using USCIS Form I-765) while you wait. Your place on the waiting list is based on your "priority date," which is the date that your I-360 was approved.
Can I travel with approved I-360? ›Yes, but remember that the notice of approval you receive from the USCIS is not valid for reentry into the United States.
How long do you legally classify as a widow immigration? ›Widow(er)s of Deceased U.S. Citizens
You must still file your Form I-360 no later than two years after your spouse's death. Your eligibility for classification as the widow(er) of a U.S. citizen based on a Form I-360 that you file after your citizen spouse died ends if you remarry before you immigrate or adjust status.
- You must be admissible to the US. ...
- You must have proof that you were in a legitimate relationship at the time of the spouse's death. ...
- You did not undergo a divorce, legal separation, or informal separation before the spouse's passing.
The surviving spouse is eligible to file as Married Filing Jointly or Married Filing Separately. Surviving spouses who have remarried must file with the new spouse, either jointly or separately. The deceased spouse's filing status becomes Married Filing Separately.
What is the fastest way to bring your spouse to USA? ›
Answer: A United States Citizen or Permanent Resident may file a petition for an immediate relative while living abroad. However, the sponsoring spouse must be able to prove to the National Visa Center and the selected Embassy that they are still domiciled in the United States.
How long does it take for I-130 to be approved 2023? ›If you are a U.S. Citizen filing Form I-130 for a spouse, it is taking about 15 to 18 months on average for USCIS to process these petitions as of May of 2023.
Can I-130 be approved without interview? ›Sometimes, USCIS might be able to approve your I-130 without the need for an interview. If you are a U.S. citizen and you are filing for your parents, or unmarried children under the age of 21 who are in the United States and have filed Form I-485, then you might not need an interview.
What is an Amerasian immigrant? ›In order to qualify for immigration under the Amerasian Immigration Act, applicants must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.
What is Amerasian widow? ›Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is issued by U.S. Citizenship and Immigration Services (USCIS). It is a type of form called a "petition," meaning that it starts off the process of applying for a green card.
Do you file I-360 and I -- 485 together? ›Is concurrent Form I-485 filing allowed? You may file Form I-485 only after we approve your Form I-360.
What is the approval rate for I 360? ›VAWA self-petition by a spouse: 75% approval rate (25% denial rate)
How many years do I have to stay in USA till I become a green card holder? ›A. Continuous Residence Requirement
An applicant for naturalization under the general provision must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.
Leaving the United States for less than six months is usually not a problem. An absence of six to 12 months triggers heightened USCIS scrutiny, and an absence of more than 12 months leads to a “rebuttable presumption” that LPR status has been abandoned.
How long does it take to get green card after i360 approved? ›Now that USCIS has approved your VAWA green card, you should wait to receive your official notice of approval or welcome by mail. After that, you will receive your actual green card by mail. The processing time can be 30–60 days after seeing “Case Approved.”
What happens after you file I-360? ›
Once the visa program is open, you will be able to apply for your green card on your own. Nevertheless, with an approved I-360, you can remain lawfully in the United States. Moreover, within this period, you can apply for work authorization. You may also apply for employment authorization while you wait for your visa.
Do VAWA applicants go for interviews? ›Answer: There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the ...
What is the best filing status for a widow? ›Understanding Qualified Widows or Widowers
Using the qualified widow(er) status allows the surviving spouse to file taxes as if they were still married, despite the fact that their partner is deceased. You can file taxes as a qualified widow(er) for the year your spouse died, as well as two years following their death.
For tax purposes, the Internal Revenue Service (IRS) considers a person a legal widowed spouse for two years following the death of their spouse so long as they remain unremarried during that time.
What filing status should a widow use? ›Share: Your options for your tax filing status if your spouse dies will change depending on how long ago they passed away. For example, you can generally use married filing jointly in the year your spouse passes. Then in the next two years, you can file as a qualifying widow(er) if you meet certain requirements.
How do I get a US visa for a widow? ›Eligibility. To be eligible for an immigrant Visa as the widow/widower of a U.S. citizen: The marriage must have existed more than two years prior to death and the couple cannot have been separated at the time of death. The petition must be filed within two years of the death of the U.S. citizen spouse.
How to apply for a widow visa in USA? ›- Read the instructions for Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant;
- Complete and sign your Form I-360;
- Pay the filing fee, if applicable; and.
- Provide all required evidence and supporting documentation.
If the petitioner dies, the applicant typically must obtain a substitute sponsor to continue to be eligible for adjustment of status. A substitute sponsor is needed even if the deceased petitioner has completed the Affidavit of Support.
Is a widow still a wife? ›Widowed. If your spouse has died, and you have not remarried, then you are considered unmarried. It may seem odd and you may still consider yourself as married. However, in the eyes of the law, your marriage ended when your spouse died.
What is a widow's spouse called? ›The equivalent name for a woman whose husband dies is a widow. In many cases, a man is only referred to as a widower if he has not remarried. Both a widow and a widower are described as being widowed.
Do widows get a tax break? ›
Widow's exemption refers to a tax deduction available to a recently widowed spouse. This type of benefit is available to a surviving spouse regardless of gender. State tax relief varies from state to state but most commonly involves a reduction in property tax for the surviving spouse.
How much money do I need to make to bring my spouse to USA? ›Marriage visa income requirements FAQs
For a household of two, the minimum fiancé(e) income requirement in 2022 is $22,887, although this figure is subject to a number of factors.
Approximately 6 to 12 Months After Filing
Most Form I-130 petitions for immediate relatives are approved within a 6 to 12 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
| Immediate relative and family preference applications (processed on the basis of an approved I-130, I-600 or I-800 petition) | $325.00 |
|---|---|
| Employment-based applications (processed on the basis of an approved I-140 or I-526 petition) | $345.00 |
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
What is the current I-130 approval time? ›The current wait time for Form I-130 is 12.4 months. Form I-485 (“Application for Adjustment of Status”): Family-based green card applications (in other words, immediate relatives or spouses of a U.S. citizen) for applicants filing from within the United States average 11.7 months.
Can an I-130 be denied? ›If you didn't provide enough information for USCIS to make a decision, they may deny your Form I-130. Most likely, USCIS will issue a Request for Evidence (RFE) before the I-130 denial. If you fail to respond to the RFE or do not provide an adequate response, USCIS may deny the visa petition at that time.
What are 3 documents that one must bring to a USCIS interview? ›Bring the following documents to the appointment: Form I-551, Permanent Resident Card; Appointment notice; and. A second form of identification (driver's license, passport, or state identification card).
What documents do I need to submit with I-130 for spouse? ›You'll need to submit copies of documents that show evidence of shared financials liabilities, assets, insurance, tax filings, birth certificates of child born in to the marriage, or other documents that you feel shows your bona fide relationship.
Can I file I-130 without lawyer? ›When processing an individual's immigration, it is never a good idea to do things alone, especially in critical cases like filing a petition for family members. So it's highly recommended to hire a lawyer from the filing of Form I-130 to the application for a Green Card.
How are Amerasians treated in Vietnam? ›
They were discriminated against and abused due to their appearance. This treatment is only some of what they had to go through when while still living in Vietnam. Fortunately, Robert J. Mrazek, a U.S. Congressman, flew to Vietnam after hearing about an Amerasian boy, named Le Van Minh, who needed medical help..
Who is considered a special immigrant? ›They are “religious workers, special immigrant juveniles, certain broadcasters, certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members, certain employees of the U.S. government who are abroad and their family members, members of the U.S. armed ...
Is Amerasian an ethnic group? ›Abstract. Amerasians are persons of American and Asian ethnic heritage who have appeared as a group mainly in the past forty years. Beginning with the massive involvement of the United States in the Occupation of Japan, thousands of Amerasians have been born from Japan to Vietnam.
When can a widow apply for citizenship? ›Applying for Citizenship the Widow or Widower of a U.S. Citizen. Typically, the permanent resident spouse of a U.S. citizen qualifies for U.S. citizenship after just three years with continuous residence in the United States.
Are there still Amerasians in Vietnam? ›Through DNA testing of about 500 people, Miller says Amerasians Without Borders has identified about 400 Amerasians still in Vietnam.
How long does it take for I 360 special immigrant to be approved? ›While USCIS generally adjudicates Form I-360 petitions for SIJ classification within 180 days, this time frame does not apply to Form I-485. If we approve your SIJ petition, we will send you an approval notice.
Which gets approved first I-130 or I-485? ›If you are helping a relative apply for a green card, Form I-485 (“Application for Adjustment of Status”) is the second step in the family-based green card process after submitting Form I-130 (“Petition for Alien Relative”).
Can I-485 be approved before I-360? ›If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485: Together with your Form I-360; While your Form I-360 is pending; or.
How long does it take to process I-130 and I-485? ›In a Nutshell
- The current average processing time for legal permanent residents filing Form I-130 for a spouse beneficiary is 28 months. - The current average processing time for Form I-485 across 89 field offices is 21.9 months. Processing times for this form range a lot by field office.
As of Sept. 30, 2021, the processing times for I-129 petitions are six to eight months. However, the current processing times for the I-360 are 20.5-27 months. Employers should contact their attorneys to discuss any available options.
What is the approval rate for I-360? ›
VAWA self-petition by a spouse: 75% approval rate (25% denial rate)
Can I expedite my I-360 application? ›You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
Can I360 be denied? ›Even if your I-360 petition is denied based on a reason other than fraud, the USCIS can still charge you with fraud. If you are concerned that you made a mistake on your application, it's best to ask USCIS for an opportunity to explain this.
What are the benefits of being approved for I-360? ›If approved, benefit provides: Asylee status • Work authorization • Access to federal and state benefits and services • Ability to apply for permanent residency • Ability for spouse and children to receive asylum, even if not already in the U.S.
Why is USCIS taking so long to process 2023? ›One major reason for the slower review times is that immigration forms have significantly increased in length over the last two decades, from fewer than 200 pages total in 2003 to more than 700 pages total in 2023. Overall, 93% of USCIS forms have grown in length since their introduction.
Does USCIS check credit score? ›USCIS will consider an applicant's credit report, credit score, debts and other liabilities as a factor in determining whether the individual is likely to become a public charge. A good credit report is considered a positive factor while a bad credit report is considered a negative factor.
Which green card approval is fastest? ›- The Green Card Lottery (Diversity Lottery) ...
- Family-Based Green Cards. ...
- Employment-Based Green Cards. ...
- Corporate-Based Green Cards.
Green Card through the Green Card Lottery
Due to the high requirements in other Green Card categories such as employment-based, family, marriage, and investment Green Cards, the path through the Green Card Lottery is, for most people, not only the easiest but often the only way to a life in the USA.
$2,500 if you are requesting premium processing of Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification. $1,500 if you are requesting premium processing of Form I-129 requesting H-2B or R nonimmigrant classification.
Can I file I 485 while I-360 is pending? ›If a visa is immediately available, you may file your Form I-485: Together (“concurrently”) with your Form I-360; While your Form I-360 is pending; or. After your Form I-360 is approved (and remains valid).
Is there an interview for VAWA green card? ›
Answer: There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the ...
Can I travel while VAWA is pending? ›While the VAWA petition is pending, you can apply for work authorization and a travel document.
Will USCIS speed up green card? ›USCIS may expedite processing on your case if you can prove that a person or company will suffer severe financial loss if USCIS does not give you a decision on your case sooner rather than later.