What Is Form I-360
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is the USCIS form used to petition for yourself or a family member in specific immigrant categories that fall outside the standard employment-based or family-sponsored visa processes. The form serves as the initial petition that establishes your eligibility for one of four distinct categories: Amerasians born in Vietnam, Laos, or Cambodia between 1955 and 1975; surviving spouses of US citizens who were married for at least 2 years at the time of the citizen's death; children and parents of Amerasians; and various special immigrant classifications including religious workers, employees of US government abroad, certain armed forces members, and Afghan and Iraqi nationals.
Filing Requirements and Categories
- Amerasian petitions: If you were born to a US citizen father and Vietnamese, Laotian, or Cambodian mother between January 1, 1955 and October 22, 1975, you may file Form I-360 without a petitioner. You must submit birth records, a statement from your US citizen father (if possible), and proof of your place and date of birth.
- Widow(er) petitions: If your US citizen spouse died within the past two years, you must file within two years of their death to maintain eligibility. The petition requires a copy of the death certificate, proof of marriage, and evidence of good moral character.
- Special immigrant categories: These include adjustments of status for certain religious workers (limited to 10,000 per fiscal year under the INA 203(b)(4) category), former US government employees posted abroad for at least 15 years, and Iraqi or Afghan nationals employed by or on behalf of the US government in Iraq or Afghanistan for at least 12 months.
- VAWA cases: Self-petitioning spouses and children of abusive US citizens or permanent residents file I-360 under the Violence Against Women Act to protect themselves without requiring the abuser's knowledge or consent.
Processing Timeline and Priority Dates
USCIS currently processes I-360 petitions in 12 to 20 months, though processing times vary by service center. Once approved, your Form I-360 establishes a priority date if you're subject to visa number limitations, which applies to most special immigrant categories except immediate relatives and VAWA self-petitioners. The priority date determines your place in the visa queue. Unlike employment-based immigration where visa availability can fluctuate, special immigrant visas generally maintain current processing for most categories through the Visa Bulletin published monthly by the State Department.
After Approval: Adjustment of Status or Consular Processing
Once USCIS approves your I-360, you'll proceed to either adjustment of status (if you're in the US and eligible to apply) or consular processing (if you're abroad). For adjustment of status, you'll file Form I-485 concurrently with your I-360 if your priority date is current. Consular processing requires you to work with the US embassy or consulate in your home country to complete visa processing and a medical exam before you can enter the US as a permanent resident.
Common Questions
- Can I file Form I-360 for myself? Yes, but only if you qualify as an Amerasian, a surviving spouse, or a self-petitioning VAWA beneficiary. Most other special immigrant categories require a petitioner, often a US employer or government agency.
- What happens if my I-360 is denied? You have 33 days to file a motion to reconsider or reopen. After that window closes, you can file a new petition if circumstances change or if you can provide additional evidence addressing the denial grounds.
- Do I need an attorney to file Form I-360? While not required, VAWA and special immigrant petitions involve complex eligibility criteria and evidence standards. An immigration attorney can strengthen your petition and help navigate the approval-to-green card process.