U.S. Visas: Form I-360

Petition for Amerasian, Widow(er), or Special Immigrant

Form I-360 is a petition used to apply for permanent residence for an Amerasian, widow(er) of a U.S. citizen, a battered or abused spouse/child of a U.S. citizen or lawful permanent residence, or special immigrant/religious worker.

Who can file Form I-140, Immigrant Petition for Alien Worker?
When can Form I-485, Application to Register Permanent Residency or Adjust Status, be filed?
Are Dependents Eligible for Permanent Residency Based on an Approved I-360 Petition?

Who can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant?

VISANOW can prepare and file the I-360 petition on behalf of the following individuals whether or not the individual is present in the U.S.:

1. Amerasian
   • Alien fathered by a U.S. citizen and born in Korea, Vietnam, Laos, Kampuchea or Thailand between December 31, 1950, and before October 22, 1982.
2. Widow(er) of a U.S. citizen provided all of the following are true:
   • you were married for at least 2 years to the U.S. citizen
   • your spouse was a U.S. citizen at the time of death and had been for at least the 2 years prior to death
   • your citizen’s spouse’s death was less than 2 years
   • you were not legally separated from your U.S. citizen spouse at the time of death
   • you have not remarried
3. Special Immigrant Juvenile
   • This is defined as an unmarried juvenile (i.e. less than 21 years of age) who has been declared dependent upon a juvenile court of the U.S. or who has been legally committed or placed under the custody of an agency or department of a State and who has been found eligible for long-term foster care. Additionally, there must be an administrative or judicial determination that it would not be in the juvenile’s best interests to be returned to his or his parents’ country of nationality or last habitual residence.
4. Special Immigrant Religious Worker The religious worker must have been a member for the past 2 years of a religion that has a bona fide nonprofit religious organization in the U.S. and he/she must have been carrying on the vocation, professional work, or other work continuously for the past two years. Additionally, he/she must be seeking to enter the U.S. to work solely as a minister of that denomination; or in a professional capacity in a religious vocation or occupation for that organization or to work in a religious vocation or occupation for the organization or its nonprofit affiliate.
5. Special Immigrant based on Employment with the Panama Canal Company, Canal Zone Government or U.S. Government in the Canal Zone.
6. 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 family-sponsored immigrant classification if you:
   • are now the spouse or child of an abusive U.S. citizen or lawful permanent resident;
   • are eligible for immigrant classification based on that relationship;
   • 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;
   • have been battered or have been the subject of extreme cruelty perpetuated by 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 OR perpetuated by your citizen or lawful permanent resident parent while residing with that parent
   • you are a person of good moral character;
   • are a person whose removal or deportation would result in extreme hardship to yourself or to your child if you are a spouse; and you,
   • are a spouse who entered into the marriage to the abuser in good faith.
7. Special Immigrant Physician
   • A physician who graduated from a medical school in a foreign country and was licensed to practice medicine in a State in the U.S. by January 9, 1978. Additionally, the physician must have entered the U.S. in H or L status and has been continuously practicing or engaged in the study of medicine since that date.
8. Special Immigrant International Organization Employee or family member Some long-term G and N nonimmigrants may be eligible to file I-360 petition for classification as a special immigrant providing certain conditions are met.
9. Member of the Armed Forces Certain individuals who have served honorably on active duty in the US after October 15, 1978, may be eligible for special immigrant classification.
10. Afghanistan or Iraq National Supporting U.S. Armed Forces as a Translator
11. Iraq National Who was Employed by or on Behalf of the U.S. Government in Iraq

When can Form I-485, Application to Register Permanent Residency or Adjust Status, be filed?

When the I-360 petition is approved, the applicant may apply to adjust status to permanent resident by filing USCIS Form I-485 (assuming the applicant’s priority date is current).

Are Dependents Eligible for Permanent Residency Based on an Approved I-360 Petition?

Yes; all children under 21 years old and the spouse of the I-360 applicant are entitled to apply for permanent residency when the I-360 petition is approved. Each applicant for permanent residency must file their own I-485 application.