Form I-360: Petition for Special Immigrant

Who Needs Form I-360?

You need to file Form I-360 if you qualify under specific "special immigrant" categories. This includes widows or widowers of deceased U.S. citizens, abused spouses or children of citizens/permanent residents under the Violence Against Women Act (VAWA), Special Immigrant Juveniles (SIJ), and religious workers (EB-4).

Unlike family or employment green card forms, the I-360 petition often allows you to self-petition, meaning you can file for yourself without a U.S. citizen relative or employer signing the form.

When Do You File Form I-360?

Filing timelines depend entirely on your special category.

For example, widows or widowers of U.S. citizens must file the I-360 petition within 2 years of their spouse's death. Special Immigrant Juveniles must file before turning 18 or 21, depending on state law. VAWA applicants can file at any time while the abuse is ongoing or within 2 years of a divorce if the abuse was connected to the marriage.

Where Do You File Form I-360?

Form I-360 is submitted as a physical paper package. You cannot submit this form online.

Mail your completed form and supporting evidence to the specific USCIS service center or lockbox address designated for your particular category. VAWA petitions, for safety, are mailed to the Vermont Service Center.

Filing Fees & Processing Times

Filing Fee: There is no filing fee for VAWA self-petitioners, widows, or Special Immigrant Juveniles. Other categories, like religious workers, must pay a filing fee. Check the official uscis.gov/forms page for current rates.

Processing Time: Processing is slow, typically ranging from 6 months to over 2 years depending on the category. VAWA and Special Immigrant Juvenile petitions often experience the longest wait times.

Common Mistakes to Avoid

• Insufficient Evidence: You must provide detailed proof of eligibility. For VAWA, include police reports, therapist letters, and declarations. For religious workers, submit IRS tax documents from the religious organization.
• Missing Sponsoring Org Info: If you are a religious worker, your sponsoring church or organization must fill out the specific employer section on the form and sign it.
• Filing After Remarriage: Widows or widowers of U.S. citizens lose their eligibility to file Form I-360 if they remarry before the petition is approved.

What Happens After You File?

USCIS will issue a receipt notice (Form I-797C). For VAWA applicants, USCIS will first issue a "Prima Facie" determination notice, which proves you appear eligible and allows you to apply for certain public benefits.

Once approved, you will get an approval notice. Depending on your category, you can then file Form I-485 to adjust status to a permanent resident if your priority date is current.

Frequently Asked Questions