I-360 - Petition for Amerasian, Widow(er), or Special Immigrant

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Purpose of Form

This petition is used to classify a foreign national as: 1. An Amerasian; 2. A Widow or Widower; 3. A Battered or Abused Spouse or Child of a US Citizen or Lawful Permanent Resident; or 4. A special immigrant. A special immigrant is defined as one of the following: A. Religious Worker; B. Panama Canal Company Employee, Canal Zone Government Employee, US Government in the Canal Zone Employee; C. Physician; D. International Organization Employee or Family Member; E. Juvenile Court Dependent; F. Armed Forces Member; G. Afghanistan or Iraq national who supported the US Armed Forces as a translator; H. Iraq national who worked for or on behalf of the US Government in Iraq or I. an Afghan national who worked for or on behalf of the US Government in Afghanistan.

Special Instructions

Attestation for Special Immigrant Religious Worker Classification

Effective November 26, 2008, all petitioners filing the I-360 petitions for special immigrant religious workers are required to submit the Employer Attestation contained in the Form I-360. If applicable, the petitioner is also required to submit the Religious Denomination Certification contained in the Form I-360.

Widow(er)s of Deceased US Citizens

If you are the widow(er) of a US Citizen, a recent change in the law may affect your ability to immigrate. Section 568(c) of Public Law 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than 2 years when your spouse died. This change took effect on October 28, 2009, when the President signed the new law. As a result, you may now file Form I-360 for Special immigrant classification as a widow/widower, even if you were married less than 2 years when your spouse died.

You must still file your Form I-360 no later than 2 years after the citizen’s death. If your spouse died before October 28, 2009, however, and you were married for less than 2 years, you can file a Form I-360 for Special Immigrant Classification as a widow/widower, so long as you do so no later than October 28, 2011.

Your eligibility to immigrate as the widow(er) of a US Citizen ends if you remarry before you immigrate.

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