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Form I-360 is used by foreign nationals to apply for special immigrant status. These include Amerasians born during a specific period, widows or widowers of U.S. citizens, and individuals classified as special immigrants, such as religious workers and those abused under the Violence Against Women Act (VAWA). See how it looks.
The form allows eligible individuals to apply for lawful permanent residence in the U.S. It is essential for applicants to meet specific criteria and provide detailed documentation to support their petition.
Form I-360 serves multiple groups, each with distinct eligibility requirements. For instance, Amerasians born between December 31, 1950, and October 23, 1982, can apply if they have a U.S. citizen parent.
Widows or widowers of U.S. citizens must file within two years of their spouse’s death and not remarry before adjusting status. VAWA allows abused spouses, children, or parents of U.S. citizens or lawful permanent residents to self-petition for a green card.
Special immigrant categories include religious workers, members of the U.S. Armed Forces, and others who have provided unique services or faced specific hardships. Understanding these categories is crucial for determining eligibility and preparing a successful Form I-360 petition. Each category has unique documentation and procedural requirements, making it vital for applicants to thoroughly research or seek legal advice.
The Violence Against Women Act (VAWA) allows spouses, children, or parents of U.S. citizens or permanent residents who have suffered physical or emotional abuse to self-petition for a green card.
VAWA petitioners must present substantial evidence of the abuse, such as police reports, medical records, and sworn affidavits from witnesses.
Additionally, they must provide evidence of their relationship with the abuser, such as marriage or birth certificates. The strength of the evidence presented is key to the success of the petition, and it is advisable to seek legal assistance to ensure that all requirements are met. Need Legal Support? Contact Serving Immigrants.
The processing time for Form I-360 varies, but it generally ranges from 15 to 17.5 months, depending on the USCIS service center handling the application.
Factors such as the complexity of the case and the workload of the service center can significantly influence the total processing time.
In addition to USCIS workload, other factors such as the need to submit additional documentation or errors in the application can delay the process. It is crucial to submit all required documents correctly from the outset to avoid unnecessary delays.
Below, we explain the costs associated with Form I-360 and the cases in which the applicant is not required to pay.
The filing fee for Form I-360 varies depending on the applicant's category but is generally $435. Some categories, such as VAWA petitioners or special immigrant juveniles, may be exempt from this fee.
The fees for Form I-360 can be paid by personal check, money order, or credit card using Form G-1450 for credit card authorization.
It is essential to verify the most recent fees before submitting the application to ensure the correct amount is paid. Additionally, some applicants may qualify for a fee waiver depending on their economic situation and the category under which they are applying.
The successful filing of Form I-360 largely depends on the accuracy and completeness of the documentation submitted. Applicants must provide proof of their identity, eligibility, and any special circumstances relevant to their category.
For example, widows(er) must submit marriage and death certificates, while VAWA petitioners must demonstrate the abusive relationship through police reports, medical records, or affidavits.
Each special immigrant category may have additional documentation requirements, such as employment verification for religious workers or service records for members of the U.S. Armed Forces. It is crucial to follow the detailed instructions provided by USCIS to ensure all necessary documents are included to avoid delays or denials.
Filing Form I-360 can be a complex process, here we provide a detailed, step-by-step guide to help you complete and submit your Form I-360 correctly. If you need more help with the VAWA visa or Form I-360, don't hesitate to contact us right now. We have the best immigration attorneys.
The first step in filing Form I-360 is to obtain the most recent version of the form from the USCIS website. It is crucial to use the latest version to ensure compliance with any updates or changes in the filing process. Visit the USCIS website and navigate to the "Forms" section, where you can download the form in PDF format.
Filling out Form I-360 requires careful attention to detail. The form asks for personal information, including your name, address, and date of birth, as well as information specific to your eligibility category. If you are applying under VAWA, you will need to describe the abuse you suffered. Be honest and thorough in your responses, and double-check your information for accuracy.
Once the form is completed, the next step is to gather all required supporting documentation. The specific documents needed will depend on your eligibility category. VAWA petitioners must include evidence of abuse, such as police reports or medical records. Ensure that all documents are in English or have certified translations if they are in another language.
After completing the form and gathering your supporting documents, you must sign and date Form I-360. This step is critical, as USCIS will reject any forms that are not properly signed. Your signature confirms that the information provided is true and accurate to the best of your knowledge. If someone helped you prepare the form, such as an attorney or accredited representative, they must also complete and sign the section for preparers.
The next step involves submitting the appropriate filing fee. The standard fee for Form I-360 is $435, but some categories, such as VAWA petitioners and Special Immigrant Juveniles, may be exempt from this fee. Fees can be paid by check, money order, or credit card using Form G-1450. Make sure the payment is made out correctly to "U.S. Department of Homeland Security" and is in the correct amount.
Once the form is signed, documents are gathered, and the payment is prepared, the final step is to mail your complete application package to the appropriate USCIS service center. The mailing address depends on your eligibility category and where you reside. Double-check the USCIS website for the correct address to avoid sending your package to the wrong location.
After mailing your application, USCIS will send you a receipt notice confirming that they have received your petition. This notice will include a receipt number that you can use to track the status of your application online through the USCIS website. USCIS may contact you for additional information or to schedule an interview.
Here are the answers to the most common FAQs about VAWA. If you need Help with Your Immigration Case. Contact Serving Immigrants.
Once your Form I-360 is approved, the time it takes to receive a green card (lawful permanent resident status) can vary depending on several factors, including the visa availability, adjustment of status, and consular processing.
No, Form I-360 must be filed by mail at the designated USCIS service center.
You must provide evidence of abuse, such as police reports, medical records, and affidavits.
Use the USCIS website and your receipt number to check the status of your application online.
After approval, you may proceed with adjusting your status to permanent residency if eligible.
Yes, you can file a motion to reopen or reconsider, depending on the reasons for denial. If you want to read more questions and answers about VAWA click here.
