This is a guide on the U.S. Citizenship and Immigration Services (USCIS) form I-360 which is in Frequently Asked Queston (FAQ) format. This form is also required as part of the U.S. Special Immigration Visa (SIV) Program for some Afghan applicants. In this article, we address common queries and concerns about the form I-360, aiming to provide clarity and guidance to individuals navigating the complexities of the form I-360. This FAQ resource serves as a valuable reference for some of those with pending SIV cases or who are considering applying or have applied to the program. This information is based on the understanding of the "Beporsed" team from various sources and is not legal advice. This guide is updated on 5th February 2024. For legal guidance and advice, we recommend consulting official sources. Form I-360, officially known as the "Petition for Amerasian, Widow(er), or Special Immigrant," is a vital document in the realm of U.S. immigration law. This form serves as a gateway to various immigration benefits for individuals who meet specific criteria under special immigrant categories. Through the I-360 petition, applicants can seek lawful permanent residency in the United States based on diverse circumstances such as familial relationships, employment, humanitarian grounds, or past experiences of abuse or extreme hardship. Developed by the U.S. Citizenship and Immigration Services (USCIS), Form I-360 plays a crucial role in providing avenues for individuals to obtain stability, protection, and opportunities for advancement within the United States
Join us as we navigate the essential questions surrounding the USCIS form I-360, empowering individuals with knowledge and support on their journey to resettlement.
What Is Form I-360 Used For?
Form I-360, officially known as the "Petition for Amerasian, Widow(er), or Special Immigrant," is used for various immigration purposes within the U.S. Citizenship and Immigration Services (USCIS). This form serves as a petition for certain categories of immigrants, including Amerasian immigrants, spouses, or widows/widowers of U.S. citizens, and certain special immigrants as defined by U.S. immigration law.
The primary purpose of Form I-360 is to establish eligibility for special immigrant status based on specific criteria outlined in U.S. immigration regulations. For example, Amerasian immigrants may use this form to seek immigration benefits available to individuals born in certain countries in Asia to U.S. citizen fathers. Similarly, widows or widowers of U.S. citizens may file Form I-360 to seek immigration benefits after the death of their U.S. citizen spouse.
Additionally, as of July 20, 2022, significant changes were made to the Afghan Special Immigrant Visa (SIV) process. Previously, all SIV applicants were required to complete the I-360 form after obtaining Chief of Mission (COM) approval. However, after July 20, 2022, new Afghan SIV applicants and many existing applicants are no longer mandated to fill out the I-360 form following COM approval.
Overall, Form I-360 plays a crucial role in the immigration process for individuals seeking special immigrant status in the United States. It is important to carefully review the eligibility requirements and instructions provided by USCIS before completing and submitting this form to ensure proper processing and consideration of the immigration petition.
What Section does the form I-360 have?
The Form I-360, also known as the Petition for Amerasian or Special Immigrant, is comprised of several parts, each serving a distinct purpose:
Part 1: This section gathers personal information such as your name, address, and contact details, providing essential identifying information for your petition.
Part 2: Here, you provide details about your eligibility category and the basis for your petition, specifying the specific immigration program or criteria under which you are applying.
Part 3: Similar to Part 1, this section collects personal information but may need to be completed separately if your actual date of birth differs from the one listed in your passport.
Part 4: Contains information regarding your location, including details about the U.S. Embassy or Consulate where you plan to attend your visa interview, if applicable.
Part 5: Involves listing information about your spouse and children, even if they are not intending to apply for visas concurrently with you, ensuring comprehensive family details are provided.
Parts 6 to 10: These sections are not applicable to the applicant and should be left blank.
Part 11: This section involves indicating whether the form was completed independently or with assistance, and includes fields for signature and date, affirming the accuracy of the information provided.
Part 12: This part is only relevant if someone else is filing the form on behalf of the applicant.
Part 13: If the form required translation assistance, this section must be completed by the translator, providing information about their role in the process.
Part 14: Similarly, if someone assisted in completing the form, this section must be filled out by that individual, ensuring transparency about any external support received.
These sections collectively make up the Form I-360, with each serving a crucial role in the application process, ensuring accurate and comprehensive information is provided to support the petitioner's eligibility for the desired immigration benefits.
How do I complete the form I-360 for an Afghan SIV?
As of July 20, 2022, the U.S. government changed the SIV process. Those SIV applicants who have received COM Approval before July 2022, had to file I-360 petitions with the United States Citizenship and Immigration Services (USCIS). If you receive COM Approval filing after July 20, 2022, then you do not need to submit an I-360 petition. To complete the Form I-360 for an Afghan Special Immigrant Visa (SIV), follow these steps:
- Before filling out the I-360 petition, ensure that you have already received approval from the Chief of Mission (COM).
- There is no filing fee for submitting the I-360 petition.
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Prepare the following documents to submit along with the completed Form I-360:
- A copy of your passport or national identification document, along with a certified English translation if the document is not in English.
- A copy of the recommendation letter from your supervisor and the employment verification letter that you submitted with your COM approval.
- A copy of your COM approval letter.
- Fill out the form accurately, providing all required details and explanations where necessary. Ensure that you follow the specific instructions provided for each part of the form.
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The completed I-360 form and the required documents should be submitted as a single package via email or mail to USCIS. USCIS Contact Information:
- Email (as a PDF) to: NSCI360SIVAPP@uscis.dhs.gov
- Mail to: National Benefits Center P.O. Box 87485 Lincoln, NE 68501-7485
- After submitting your I-360 petition, you should receive a notice of receipt from USCIS within a few weeks. This notice confirms that USCIS has received your petition.
- If your petition is approved, then you will receive conditional approval later, or depending on the outcome of your petition, you may receive instructions for the next steps in the SIV process.
I received Chief of Mission (COM) approval before July 20, 2022, and I am in the United States. Do I need to submit an I-360 petition?
Yes, if you received COM approval before July 20, 2022, and you are currently residing in the United States, you are still required to file an I-360 petition with the United States Citizenship and Immigration Services (USCIS). This petition is necessary for Afghan Special Immigrant Visa (SIV) applicants who obtained COM approval before the specified date and are present in the U.S.
Filing the I-360 petition is a crucial step in the SIV process, as it allows USCIS to evaluate your eligibility and determine your qualifications for the visa. Upon submission of the I-360 petition, applicants may receive conditional approval, subject to further processing and review by USCIS.
I received Chief of Mission (COM) approval before July 20, 2022, and I am currently outside of the United States. Do I need to submit an I-360 petition?
If you have not already submitted an I-360 petition, you are not required to submit one. Instead, you can contact NVCSIV@state.gov and provide your name, NVCSIV case number, COM approval letter, and, if possible, a copy of the DS-157 you previously submitted with your COM approval application.
The National Visa Center (NVC) will then provide you with information on how to file a visa application (Form DS-260). It's essential to follow the instructions provided by NVC carefully to ensure the timely processing of your visa application.
However, if you have already submitted an I-360 petition, you should wait for its adjudication by the United States Citizenship and Immigration Services (USCIS). Upon approval of the I-360 petition, USCIS will forward your case to the National Visa Center (NVC), and you will receive instructions on how to proceed with filing a visa application (Form DS-260).
Who is eligible to file USCIS Form I-360?
USCIS Form I-360 is utilized to apply for special immigrant status across various categories, catering to individuals with distinct circumstances and backgrounds. Eligible individuals include:
- Religious workers
- Special immigrant juveniles who have been mistreated, abandoned, or neglected by one or both parents
- Afghan or Iraqi nationals who worked for or on behalf of the U.S. government and are now completing their SIV process in the U.S.
- International broadcasters
- Physicians with special conditions
- Armed forces members with special conditions
- Certain employees or former employees of the U.S. government abroad with special conditions
- Abused spouses and children of U.S. citizens or lawful permanent residents under the Violence Against Women Act (VAWA) self-petitioning provisions
- Abused spouses and children of U.S. citizens or lawful permanent residents under the VAWA cancellation of removal provisions
- Widow(er)s of U.S. citizens
- Amerasian immigrants
The eligibility criteria vary based on the specific category under which an individual seeks benefits.
What is the filing fee for Form I-360?
The filing fee for USCIS Form I-360 varies depending on the category of special immigrant benefits sought. For Afghan SIV applicants, there is no filing fee. However, for most other categories, the filing fee is $435. Some exceptions apply, such as certain Asian immigrants who are exempt from the filing fee, and Afghan and Iraqi nationals who have supported the US government and may qualify for a fee waiver.
It's important to consult with an immigration attorney or refer to the USCIS website to ensure you are submitting the correct filing fee for your specific category of special immigrant benefits. Additionally, USCIS may periodically adjust the filing fees for Form I-360, so it's essential to check the current fee schedule before submitting your application to avoid any discrepancies.
How Long Does It Take For I-360 To Be Approved?
The processing time for USCIS Form I-360 varies according to the case's complexity and the workload of the USCIS office handling the petition. A Form I-360 might take anywhere from several months to over a year to be processed by USCIS. Some cases, however, may be processed more rapidly, particularly those filed under expedited processing owing to an emergency or compelling circumstance.
To find out what the current processing times are for Form I-360, go to the USCIS website or call the USCIS customer service center. It is crucial to remember that processing times may fluctuate over time; thus, it is critical to stay up to date on any modifications or changes to Form I-360 processing timelines.
What Happens After I 360 Is Approved?
The next stages depend on your individual circumstances and the category of special immigrant benefits you were given after USCIS approves your Form I-360 petition. If you are special immigration visa applicant, you will receive line number and conditional approval which you will be required to submit the form DS-260. If you are seeking adjustment of status in order to become a lawful permanent resident, you may be required to submit additional paperwork and attend an in-person interview with a USCIS officer.
If you are already in the United States and qualify for adjustment of status, you may be able to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with or after your Form I-360 is granted. If you are not in the United States, you must apply for your immigrant visa through consular processing.
Can I File Form I-360 Concurrently With Other Forms?
It is possible to file USCIS Form I-360 concurrently with other forms in some cases, but this is dependent on the exact circumstances and type of special immigrant benefits requested. If you are applying as a special immigrant juvenile and want to convert your status to lawful permanent residence, you may be eligible to file Form I-360 and Form I-485 (Application to Register Permanent Residence or convert Status) concurrently.
However, you may need to wait until your Form I-360 is authorized before filing other forms for other categories of special immigrant benefits. To establish whether you are eligible to file Form I-360 concurrently with other forms for your specific category of special immigrant benefits, speak with an immigration attorney or check the USCIS website.
Can I File I 360 And I 485 Together?
Yes, in some situations, Form I-360 and Form I-485 (Application to Register Permanent Residence or Adjust Status) can be filed concurrently. This is referred to as concurrent filing. The category of special immigrant benefits sought and the standards established by USCIS determine eligibility for concurrent filing.
Individuals who qualify for adjustment of status as immediate relatives of US citizens or under the special immigrant juvenile category, for example, may be permitted to complete Form I-360 and Form I-485 concurrently.
Can I File Form I-360 If I Am Outside The United States?
In certain circumstances, you may be able to file USCIS Form I-360 if you are outside the United States. For example, if you are a special immigrant working abroad for a U.S. business and meet certain qualifications, you may be entitled to file Form I-360 under the special immigrant category for international broadcasters.
Furthermore, depending on the exact category of special immigrant benefits requested and the eligibility conditions for that category, certain religious employees may be permitted to complete Form I-360 while outside the United States. It is crucial to remember that if you file Form I-360 while outside the United States, you must do so at the proper United States embassy or consulate, and your application will be subject to additional processing timeframes and restrictions.
Is There Premium Processing For I-360?
USCIS provides a premium processing service for certain forms, however Form I-360 is not one of them.
Premium processing permits applicants to receive a decision on their application within 15 calendar days of submitting their request and paying an extra cost to USCIS. Form I-360, on the other hand, is not one of the forms that are qualified for premium processing.
Can I File Form I-360 If I Am In Removal Proceedings?
Depending on your unique circumstances, you may be able to file USCIS Form I-360 if you are in removal proceedings. For example, if you are a victim of abuse or domestic violence and meet specific criteria, you may be eligible to file Form I-360 under the Violence Against Women Act (VAWA) and request that your removal or deportation proceedings be halted from the U.S.
Similarly, if you are the battered spouse or child of a U.S. citizen or lawful permanent resident, you may be eligible to file Form I-360 under the VAWA self-petitioning provisions and ask for your removal proceedings to be terminated.
Can I Convert Approved I-130 To I-360?
Yes, under certain conditions, an authorized I-130 petition can be converted to an I-360 petition. If an individual has already submitted an I-130 petition but later becomes eligible for VAWA relief, the I-130 petition may be converted to an I-360 petition.
This would allow them to continue their immigration proceedings without having to file a new petition. However, in order to confirm eligibility and properly file the relevant paperwork and supporting documentation, it is better to speak with an expert immigration attorney.
Which Email To Send Form I360?
Normally, email applications for Form I-360 are not accepted by USCIS. However, An Afghan translator, interpreter, or employee who worked for the US government or the International Security Assistance Force (ISAF) may email their forms with required documents by scanning them and sending them to nsci360sivapp@uscis.dhs.gov.
For the other petitioners, the form must be physically mailed to the USCIS address listed in the instructions.
How Do I Check My I-360 Status?
You can utilize the USCIS website's online Case Status Checker to determine the status of your I-360 petition. Your receipt number, which can be found on your receipt notification or any USCIS communication, will be required.
The Case Progress Checker will provide you with real-time updates on the progress of your I-360, such as whether it is still pending, has been authorized, or whether any additional evidence or interviews are required. You can also ask about the status of your I-360 petition by calling the USCIS National Customer Service Center at +1-800-375-5283.
Can I Stay In The Us While Waiting For I-360 Approval?
You are allowed to remain in the country while Form I-360 is being processed, but it's very important to keep your legal immigration status, ensure that you fit the requirements for the special immigrant category, and seek advice from an immigration lawyer regarding your particular circumstances.
Therefore, the I-360 form is a crucial application for individuals seeking immigration benefits based on certain qualifying relationships, employment, or humanitarian grounds. It is important to carefully review the eligibility requirements and submit all required documents to ensure a successful application. While the process can be complex and time-consuming, it can lead to important opportunities, such as obtaining work authorization, protection from removal or deportation, and potentially even a path to lawful permanent residency.
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