Complete Guide to Form I-360

Form I-360 is a complex document, mainly because it is filed by so many groups of people. Thus, the options can be overwhelming. In this article, we’ll cover everything about Form I-360 — who should file it, how to file it, and the documents required.

What Is Form I-360?

While Form I-130 is used to help immediate family members migrate to the U.S., Form I-360 is used by certain groups of aliens to get started with their U.S. green card procedure. But instead of going through the regular process of filing the I-485, they are required to file Form I-360 instead. Therefore, Form I-360 is referred to as a Special immigration Visa.

Most people file this form as a “self-petition,” but in some rare cases, sponsorship will be required by a U.S.-based organization or individual.

Who Is Eligible for Form I-360?

As already mentioned, not every alien looking to become a lawful permanent resident is eligible for Form I-360. This process is reserved for certain groups of people classified as “special immigrants.” These include the following:

Amerasian Immigrants

Amerasian is a term used to refer to people born in Asia to an American military father and an Asian mother. Today, it applies to anyone who is either half American or a quarter American. Following the American Homecoming Act or Amerasian Homecoming Act, these people can seek American citizenship and become lawful permanent residents.

The act also allows their immediate relatives to claim refugee benefits. The majority of Amerasians are of Vietnamese origin, but Japanese, Korean, Filipino, and Thai citizens are also included.

Widows and Widowers of U.S. Citizens

The second group of people who file Form I-360 is widows and widowers of U.S. citizens. These are people who married U.S. citizens and were waiting for their marriage-based green card, but unfortunately, following the death of their spouse, they were unable to get it.

They can still get the U.S.-based green card without their spouse’s help by filing Form I-360. If approved by the USCIS after examining the legitimacy of the marriage, they may get permanent resident status and become U.S. citizens.

Abused Spouses/Children/Parents of US Citizens or Permanent Residents

The Violence Against Women Act allows aliens residing in the United States to seek a green card if they are victims of domestic abuse. This applies when the abuser is a U.S. citizen or lawful permanent resident on whom the victim was dependent. Even if the marriage ends in divorce, they can still file Form I-360 and get American citizenship.

Not only spouses, but children and parents can also apply as well. But the process is not easy, and in most cases, you have to provide satisfactory evidence of domestic abuse.

Special Immigrants

Special immigrants is a generic, vague sounding term. But in U.S. immigration law under category EB-4, special immigrants are classified as people who fall under the following categories:

1. Registered workers/servants of recognized religious organizations
2. Foreign medical students who have lived and served in the U.S. for a considerable amount of time
3. Longtime U.S. government employees
4. Retired officers and employees of certain organizations who have lived in the U.S. for a considerable amount of time
5. Juveniles who are dependent on U.S. courts
6. People of other nationalities who have served in the U.S. military for at least 12 years after October 15, 1978
7. Employees related to the Panama Canal Treaty
8. NATO civilian employees
9. Journalists or individuals coming into the U.S. as broadcasters on behalf of the International Broadcasting Bureau
10. Afghani or Iraqi nationals who supported the U.S. government with translation work
11. Iraqi and Afghani nationals who worked for the U.S. government in Iraq or elsewhere for a considerable amount of time

Each of these categories has its own specific requirements that applicants must meet to proceed. It is advised to refer to the USCIS website for detailed requirements.

Required Documents for Form I-360

Since Form I-360 is filed by so many groups of people, the documents which need to be submitted vary greatly. For example, widowers filing the form, will be asked to submit proof of a bona fide marriage. Iraqi or Afghani nationals who have served in the U.S. military will be asked to submit their work contracts.

But the most essential documents which have to be submitted by everyone are:

• Completed form I-360
• Form G-1145, Notification of Application/Petition Acceptance (if you want to receive e-notification of your application progress via email)
• Copies of evidence showing you were a citizen of a foreign country. 
• Copies of evidence which establish the parentage of the American citizen in question
• Stamp-sized recent photographs

If you are being sponsored by an organization, the basic documents required for Form I-360 are:

• Affidavit of financial support confirming that the sponsor can cover your expenses
• Copies of evidence confirming the sponsor is at least 21-years-old at the time of the sponsorship
• The sponsor’s fingerprints taken by the USCIS at a biometric appointment

How to Complete Form I-360

Just like there are different documents required for different groups of applicants, the process of filing the form is different too. While everyone will be submitting the same form, you must answer only those questions that are relevant to your case.

It is a 19-page document divided into 12 parts. Here’s a brief overview of how to fill out Form I-360 for seeking a special immigrant green card visa:

Part 1

This section deals with your personal information. Provide details like your name, address, USCIS Online Account Number, A-number, etc. Leave the form blank where numbers haven’t yet been assigned to you.

Part 2

This is the most important part. You have to check the box which applies to you. For example, if you’re an Amerasian, tick Box A. If you’re a widower, tick Box B. Be completely sure that you’re selecting the right box.

Part 3

This section deals with the person for whom this petition is being filed, which is you. Unless you are being sponsored, the information you provided in Part 1 is the same for Part 3. So just fill it out again without hesitation and tick the right boxes.

Part 4

In this section, you need to provide processing information. Essentially, the USCIS wants to know which consulate you want to proceed with. Obviously, this will depend specifically on your case. Some might be applying for an immigrant visa through a U.S. consulate located in their home country. Others might be looking for a change or adjustment in status (widowers, for example). So, they have to go with a consulate located in the U.S.

Part 5 – Part 10

From Part 5 to Part 10, the information you provide will depend on your case. So, it is advised to provide the correct information at your own discretion.

Part 11

In this section, you have to provide your statement, declaration, contact details, and signature. This means that you take sole responsibility for the information provided.

Part 12

If you are filing for someone other than yourself, then fill out this section.

Conclusion

After you are done, you are required to visit the consulate and submit Form I-360 along with your documents. It is highly recommended to cross-check all the details and provide accurate information for quick processing.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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