Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
Updated May 2026
Form I-360 is the USCIS petition used to request classification as one of several special immigrant types, most notably VAWA self-petitioners, Special Immigrant Juveniles, widow(er)s of U.S. citizens, Amerasians, religious workers, and a handful of other narrow categories. Each category uses different evidence and rules, but all share the single I-360 form.
What Form I-360 covers
Form I-360 is the workhorse petition for several distinct immigrant classifications that share a common feature: each is humanitarian or special in nature and falls outside the standard family- or employment-based petition tracks. The full form, instructions, and current edition are at uscis.gov/i-360.
The eight categories that file Form I-360 are:
- VAWA self-petitioner. Abused spouse, child, or parent of a U.S. citizen or LPR. See our VAWA Eligibility Requirements guide.
- Special Immigrant Juvenile (SIJS). Unmarried child under 21 with a state juvenile court finding of inability to reunify with a parent due to abuse, neglect, or abandonment.
- Widow(er) of U.S. citizen. Surviving spouse of a U.S. citizen, filing within two years of death.
- Amerasian (born to U.S. servicemember). Person born in Korea, Vietnam, Laos, Kampuchea, or Thailand between specified dates whose father was a U.S. citizen.
- Religious worker (R-1 to immigrant). Minister or other religious worker in a qualifying nonprofit religious organization.
- Certain international broadcaster. Employee of the U.S. Agency for Global Media.
- Iraqi or Afghan special immigrant. Translators, interpreters, and certain other individuals who served the U.S. armed forces.
- Other narrow categories including certain employees of international organizations, certain Panama Canal Zone employees, and others.
Who can file
Form I-360 is unusual among USCIS petitions because in many categories the petitioner is also the beneficiary. VAWA self-petitioners, SIJS petitioners, and widow(er)s all petition for themselves. Religious worker, Iraqi/Afghan special immigrant, and international broadcaster categories are filed by the qualifying employer or sponsoring organization.
Filing fee
The standard Form I-360 filing fee is $515 in 2026. Several humanitarian categories are fee-exempt:
- VAWA self-petitioners pay no filing fee.
- SIJS petitioners pay no filing fee.
- Amerasians pay no filing fee.
- Widow(er)s of U.S. citizens pay no filing fee.
Religious workers and the other employment-based special-immigrant categories pay the standard $515. Always verify the current fee at uscis.gov/i-360 before mailing.
VAWA self-petitioner I-360
The most common I-360 in our practice is the VAWA self-petition. It requires evidence of:
- A qualifying abuser (U.S. citizen or LPR spouse, parent, or in some cases son or daughter).
- A qualifying relationship (marriage, parent-child, or, for parent petitioners, son or daughter at least 21).
- Joint residence at some point during the qualifying relationship.
- Battery or extreme cruelty perpetrated by the abuser during the relationship.
- Good moral character of the petitioner for the past three years.
VAWA self-petitions are confidential under 8 U.S.C. section 1367. USCIS may not disclose information about the petition to the abuser or anyone using information from the abuser. See our companion guide on the VAWA Self-Petition Evidence Checklist for the full document list.
SIJS (Special Immigrant Juvenile) I-360
The SIJS classification protects children who have been abused, neglected, or abandoned by one or both parents and who cannot reunify with that parent because of state-law findings. The procedural path is unusual because it requires a state court order before USCIS will consider the I-360:
- State juvenile court order. A family, dependency, or probate court in the child's state issues findings that (a) the child cannot reunify with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law, and (b) returning to the home country is not in the child's best interest.
- I-360 filing with USCIS. The child files Form I-360 with the state court order. USCIS reviews the order and either approves or requests evidence.
- Adjustment of status. After I-360 approval, the child applies for permanent residence on Form I-485 when an immigrant visa number becomes available.
SIJS petitioners cannot bring derivative family members. The classification is the child's own immigrant classification. Visa-number availability has become a significant issue for SIJS petitioners in recent years; many wait years between I-360 approval and adjustment-of-status eligibility.
Widow(er) of U.S. citizen I-360
A surviving spouse of a U.S. citizen may self-petition on Form I-360 if all of the following are true:
- The spouses were legally married at the time of the U.S. citizen spouse's death.
- The widow(er) has not remarried.
- The widow(er) files within two years of the U.S. citizen spouse's death.
The widow(er) I-360 effectively converts an unfiled I-130 spousal petition into a self-petition after the citizen spouse has died. The classification is fee-exempt. If approved, the widow(er) can adjust status inside the United States or pursue consular processing abroad.
Religious worker I-360
Religious workers (R-1 ministers and certain other religious workers in qualifying nonprofit religious organizations) can file Form I-360 to seek immigrant classification. The category requires evidence of:
- The petitioner has been a member of the qualifying religious denomination for at least two years.
- The petitioner has been working as a minister or religious worker for at least two years before filing.
- The petitioning religious organization is a bona fide nonprofit.
- The position is a full-time, compensated role.
The religious worker category was historically temporary and reauthorized periodically by Congress. Always verify the current authorization status before relying on this category.
After I-360 approval
An approved I-360 establishes the immigrant classification but does not by itself grant lawful permanent residence. The petitioner then pursues the green card through one of two paths:
- Adjustment of status. If the petitioner is in the United States and an immigrant visa is available, they file Form I-485.
- Consular processing. If the petitioner is abroad or chooses consular processing, the State Department's National Visa Center processes the case and schedules an interview at the appropriate U.S. embassy.
Most I-360 approvals also generate eligibility for an Employment Authorization Document. VAWA self-petitioners receive a deferred-action grant and EAD eligibility on approval. SIJS petitioners can apply for an EAD while waiting for visa-number availability.
Common pitfalls
- Filing the wrong supplement. Each I-360 category has its own supplement. Filing without the right one triggers an RFE.
- VAWA confidentiality breaches. Communicating with the abuser about the case or letting the abuser see paperwork can compromise the petition's confidentiality protections.
- SIJS without the state court order. USCIS will reject SIJS I-360s filed before the state juvenile court has issued the required order with the specific findings.
- Widow(er) filings more than two years after death. The two-year window is strict, with narrow exceptions.
- Filing fee error on religious worker cases. Religious workers pay $515; the humanitarian categories are fee-exempt. Mixing this up triggers rejection.
Frequently asked questions
What is Form I-360?
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is the USCIS petition used to seek classification as a VAWA self-petitioner, Special Immigrant Juvenile (SIJS), widow(er) of a U.S. citizen, Amerasian, religious worker, certain international broadcaster, certain Iraqi or Afghan special immigrant, and a handful of other narrow categories. A single form serves many immigrant classifications because each uses its own supplements and instructions.
Is there a filing fee for Form I-360?
It depends on the category. VAWA self-petitioners, SIJS petitioners, Amerasians, and widow(er)s of U.S. citizens file Form I-360 with no filing fee. Religious worker and certain other special-immigrant categories pay a $515 fee (verify the current amount at uscis.gov/i-360). USCIS treats VAWA and SIJS petitioners as fee-exempt because of their humanitarian basis.
Who can file Form I-360 as a VAWA self-petitioner?
Three categories: an abused spouse of a U.S. citizen or lawful permanent resident; an abused child (unmarried and under 21 at filing) of a U.S. citizen or LPR; and an abused parent of a U.S. citizen son or daughter who is at least 21. See our VAWA Eligibility Requirements cluster for the full breakdown of the five required elements.
Who can file Form I-360 for SIJS?
Special Immigrant Juvenile Status (SIJS) is available to unmarried children under 21 who are in the United States, have a state juvenile court order finding they cannot reunify with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law, and that returning to the home country is not in their best interest. The state court order must be obtained before filing Form I-360.
Who files Form I-360 as a widow(er)?
A widow(er) of a U.S. citizen may file Form I-360 if the spouses were legally married at the time of the U.S. citizen spouse's death and the widow(er) has not remarried. The filing must be within two years of the U.S. citizen spouse's death, unless the death was less than two years before USCIS implemented the current rule, in which case longer windows apply.
How long does Form I-360 take?
Processing varies by category. VAWA self-petitions currently take 18 to 36 months at the Vermont Service Center. SIJS petitions process at the National Benefits Center and typically run 12 to 24 months. Widow(er) and religious worker categories often process faster, in the 6 to 14 month range. Always check the current benchmark at egov.uscis.gov/processing-times before filing.
Does an approved I-360 give the petitioner a green card?
No. The approved I-360 establishes the immigrant classification. The petitioner still has to apply for permanent residence separately, either through Form I-485 (adjustment of status) inside the U.S. or through consular processing abroad. The approved I-360 also typically supports applications for deferred action and an Employment Authorization Document under the appropriate category.
Can my children come with me on an I-360?
Most I-360 categories allow derivative family members. VAWA self-petitioners can include unmarried children under 21. SIJS petitioners cannot bring derivative family members (the SIJS classification is the child's own immigrant classification). Widow(er)s can include unmarried children under 21. Religious workers can include the spouse and unmarried children under 21. Always check the category-specific rules.
Go deeper
For deeper analysis of the most common I-360 categories, see our VAWA Eligibility Requirements and VAWA Self-Petition Evidence Checklist guides, plus the VAWA pillar overview. For the path to permanent residence after I-360 approval, see our I-485 vs Consular Processing guide. Return to the Immigration Glossary hub for other terms.
Talk to a Claxton Law immigration attorney
Form I-360 covers some of the most humanitarian and complex immigrant classifications in U.S. law. VAWA, SIJS, and widow(er) cases in particular benefit from experienced counsel because the legal standards are technical and the evidentiary records are demanding. All VAWA consultations at Claxton Law are confidential and can be conducted at a safe phone, email, or address of your choosing.