Green Card - I-360 Special Immigrant Petition

I-360 is a petition used to apply for permanent resident for an American widow(er) of a U.S. citizen, special immigrant/religious worker, or a battered or abused spouse/child of a U.S. citizen or permanent resident.

What are the requirements for permanent residence using form I-360?

Form I-360 requires that you are any ONE of the following:

• Armed Forces Member
• Special immigrant international organization employee or family member long-term “G” and “N” nonimmigrants
• Amerasian: alien fathered by U.S. citizen and born in Korea, Vietnam, Laos, Kampuchea or Thailand between December 31, 1950 and October 22, 1982

Special immigrant religious worker: member for the past 2 years of a religion that has a bona fide nonprofit religious organization in the U.S. and is coming to the U.S. to work as any of the following:

• Minister of that religion
• In a religious vocation for that organization or its nonprofit affiliate
• In a professional category in a religious vocation or occupation for that organization.

1. Widow(er) of U.S. citizen requires ALL of the following:You were married to the United States citizen for at least 2 years
2. Your United States citizen spouse was a United States citizen for at least 2 years at the time of death
3. Your United States citizen spouse’s death was less than 2 years age
4. You and your United States citizen’s spouse were not legally separated at the time of your United States citizen’s death and you have not remarried

Special immigrant juvenile: unmarried juvenile less than 21 years old, declared dependent on a juvenile court and  eligible for long-term foster care

Note:  When an I-360 petition is approved, you may adjust status to permanent residence by filing INS Form I-485.  If the basis for the I-360 is special immigrant religious worker, obtaining permanent residence status in the U.S. is a two part process: (1) you file I-360 application and obtain approval and (2) when a priority date for I-360 is current, you file I-485 application for adjustment of status.

How long is this visa valid?

This is a permanent residence visa and valid indefinitely.

Are dependents eligible for permanent resident?

Your spouse and all children under 21 years old are entitled to permanent residence when your I-360 is approved.  If the basis for your I-360 is special immigrant religious worker, the priority date for the I-360 is current and you and dependents are in the U.S., they may adjust their status to permanent residence by filing INS Form I-385.