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



Purpose of Form :
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. A special immigrant is 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; 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. an Afghan national who worked for or on behalf of the U.S. Government in Afghanistan.
Number of Pages :
Form 12; Instructions 11.
Edition Date :
11/23/10; (11/08/10; 12/30/09 edition also accepted.)
Where to File :
Please note that the filing locations have recently changed. Please review the Filing Chart listed in "Related Links" in the upper right corner of this web page for the most current guidance on where to file your application. 
E-Notification:  If you want to receive an e-mail and/or a text message that your Form I-360 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.  Form G-1145 can be downloaded through the link above.
Filing Fee :
$405. See Special Instructions.
Special Instructions :
There is a fee of $405, except for:
  • Amerasians; (Box 2a on the form); 
  • Self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents (Box 2i or 2j on the form); 
  • Special Immigrant Juveniles (Box 2c. on the form); or, 
  • Iraqi Nationals who worked for or on behalf of the U.S. Government in Iraq (Box 2k or 2l on the form)
  • Afghan Nationals who worked for or on behalf of the U.S. Government in Afghanistan (Box 2k or 2m on the form). 
Note: Religious Workers may not file Form I-360 with Form I-485 per the recent decision by the Ninth Circuit Court of Appeals, which overturned the permanent injunction issued by the District Court in Ruiz-Diaz v. United States, No. 09-35734.
Attestation for Special Immigrant Religious Worker Classification
Effective November 26, 2008, all petitioners filing the I-360 petitions for special immigrant religious workers are required to submit the Employer Attestation contained in the Form I-360. If applicable, the petitioner is also required to submit the Religious Denomination Certification contained in the Form I-360. Please refer to the form's instructions for further details.
Widow(er)s of Deceased U.S. Citizens
If you are the widow(er) of a U.S. citizen, a recent change in the law may affect your ability to immigrate.  Section 568(c) of Public Law 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 2 years when your spouse died.  This change took effect on October 28, 2009, when the President signed the new law.  As a result, you may now file Form I-360 for Special immigrant classification as a widow/widower, even if you were married less than 2 years when your spouse died.
You must still file your Form I-360 no later than 2 years after the citizen’s death.  If your spouse died before October 28, 2009, however, and you were married for less than 2 years, you can file a Form I-360 for Special Immigrant Classification as a widow/widower, so long as you do so no later than October 28, 2011.
Your eligibility to immigrate as the widow(er) of a U.S. citizen ends if you remarry before you immigrate.
Note on Expiration: USCIS continues to accept the 11/23/10 version of Form I-360, despite the passing of the form's expiration date. An updated form with a new expiration date will be posted as soon as it becomes available.
Important Lockbox Filing Tips:
  • Read and follow all form instructions for fees, filing location, and eligibility requirements.
  • If hand writing your application, ensure all entries are neat and legible.
  • When entering information on your application or petition, be sure to keep your information within the box or space provided. 
  • Use black or blue black ink only. Do NOT use highlighters or red ink on your application as they may make your materials undetectable when scanned.
  • Ensure that you are using the correct edition of the form. The correct edition is always available for FREE download at the top of this page.
  • Ensure that printed forms do not have the data fields grayed out. Information entered into grayed-out data fields will not be detected by the machine scanners.
  • Ensure that you provide all required supporting documentation and evidence.
  • Ensure that the supporting documents written in a language other than English are accompanied by an English translation. 
  • Be sure to sign your application.
  • Be sure that you mail all pages of the application.
  • If you must change your form, we recommend that you begin with a new form, rather than trying to white out information. Our scanners may see through the white correction tape or fluid and make your form incorrect, possibly leading to processing delays or rejection.
Fees
  • Checks must be made payable to U.S. Department of Homeland Security. Read the form instructions for additional details.
  • We suggest that you use a separate check or money order for each application in the package and biometric fees.  If a single check is submitted for multiple applications and one of the applications must be rejected, then all applications will be rejected.  The Lockbox can not accept overpayment and make partial refunds.
  • Note that the requirement for biometrics fees varies depending upon your age and the benefit for which you are applying. Ensure the biometric fees submitted are correct based upon age and benefit.
Customer Service
  • If your form is rejected and you don't understand our explanation or disagree with that determination, please write to Lockboxsupport@dhs.gov before you re-file.  We will respond quickly to your concern.  Please include the form type, receipt number(s), and the applicant name and mailing address in your inquiries.  We specifically ask that Alien Numbers (A-numbers) NOT be included in email, as email is not a secure means of communication.
  • Lockboxsupport@dhs.gov can answer questions regarding applications and petitions which are pending acceptance or rejection at the Lockbox, and those which have been rejected.  Once your application has been accepted, the Lockbox has no information on the adjudication status. After your application or petition has been accepted by the Lockbox, if you have questions about the status of your pending application or petition, contact USCIS Customer Service at (800) 375-5283 or visit our website, www.uscis.gov, and use the InfoPass system to make an appointment at your local USCIS office.
  • Requests to withdraw an application or petition must be addressed to the office adjudicating your application or petition.
  • Requests to send files to a different office must be made to the office holding your file.  Call USCIS Customer Service at (800) 375-5283 to determine where your inquiry should be sent.
    The Lockbox does not process refunds.  Information about refunds can be found by visiting our website and typing Refund Request in the Search box in the upper right hand corner of the homepage.
What Not to Send to a Lockbox Facility
  • Only applications with fees or fee waiver requests should be sent to any Lockbox. 
  • The following items are examples of items that should not be mailed to any Lockbox:   
  • The Lockbox does not accept additional evidence submitted in response to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).  Send all documents and information requested through a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) to the office requesting the information.
  • The Lockbox does not process changes of address.  Please see our website for more information on change of address.