The I-360 petition is one that U.S. Citizenship and Immigration Services (USCIS) provides for foreign nationals wishing to begin the green card (lawful permanent residence) application process either:
We'll discuss both possibilities here. Most people filing Form I-360 will do so as a "self-petition," while in a few cases, a sponsoring organization files the petition on their behalf.
Despite the generic-sounding name, special immigrants are a highly varied, almost random selection of visa-eligible people found in U.S. immigration law (8 U.S.C. §1101(a)(27)) under category EB-4. It includes:
Each of these categories must meet its own special requirements in terms of eligibility and documentation, which you'll need to look into before applying.
VAWA offers immigration benefits to eligible spouses, parents, and children who have been victims of abuse by their petitioning U.S. citizen or lawful permanent resident spouse, child, or parent. Its intention was to help foreign nationals avoid having to depend on their U.S. family member to help them obtain lawful status in the United States, which can give abusive family members a means of controlling the immigrant. (Literally something along the lines of, "If you complain or don't obey, I will withdraw my immigration petition for you or won't file your paperwork.")
See Process to Get a Green Card Under VAWA for the rules on getting a green card as a battered spouse or family member.
Safety and Privacy Considerations for Victims
Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim's search or call history or otherwise track their activity. Also, many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. An abuser can even slip a small tracking device into a car, bag, pocket, or other belongings without the victim's knowledge. Many cars have apps that allow anyone listed as an owner or co-owner to track the car's location remotely.
If concerned about privacy while searching online, several organizations provide assistance, including National Domestic Violence Hotline and RAINN. You can also check out our Resources for Victims of Crime.
Because this category was created to acknowledge U.S. immigration rights for foreign-born children of servicemen in the Korean and Vietnam wars, almost no one qualifies anymore. See USCIS's discussion of this category for details.
Either the applicant or petitioning organization will need to fill out Form I-360. Bear in mind that several sections can be left blank, because they won't apply to everyone. The tips below refer to the 7/15/2022 version of the form.
In Part 1, you'll supply basic information about yourself. Don't worry if you don't have a USCIS Online Account number; only people who've filed certain sorts of applications in the past would have one. Similarly, you should have a Social Security number only if you have or had a legal right to work in the United States; though many undocumented people will have obtained at taxpayer ID or "ITIN," which the form also asks for.
In Part 2, you'll check a box indicating the basis of your eligibility.
Part 3 asks for more information about you.
In Part 4, you will need to designate a U.S. consulate for processing and interviewing, preferably in your home country unless you are a resident elsewhere. You might need to fill this in even if you live in the United States, since not everyone who lives in the U.S. is eligible to complete the green card application process there (called "adjusting status"). Consult an attorney if unsure.
Be sure to fill out Part 5, listing your spouse and children, regardless of which category you are applying in. They might be able to get green cards at the same time as you; or if not, you might be able to petition for them later (which will be difficult if you did not reveal their existence in this application).
After this, which sections you will fill out depends mostly on which category you're applying under. You'll see the language "Complete only if filing under," and should proceed until you find the category that fits you, and fill that section in.
Then be sure to sign in Part 11 (assuming another organization isn't preparing the form for you).
Skip most of the remaining portions; if someone else is helping you with the form, they'll know to fill out their own section.
But you can use Part 15 to insert information that didn't fit on the main form.
When finished, you must mail the form to USCIS, following the instructions on its website. Along with the form, you must submit the proper supporting documents, as also described by USCIS in the downloadable instructions to the form.
In some, but not all cases, a fee is required with the I-360 petition. The figure is $435 through March 31, 2024, then goes up to $515 on April 1, 2024. (Always check the latest fees on the USCIS website.)
The categories of applicants who do not owe a fee with the I-360 petition include:
Make a complete copy of everything you send before mailing it (in case it gets lost, which is not uncommon), and do not send original documents unless you do not want them back.
Once your I-360 petition is approved, you can file an application for permanent resident status (a green card). Or, if you are already in the U.S. lawfully and are eligible to adjust status, you might be able to send in your application for "adjustment of status" to USCIS concurrently with the I-360, without waiting for it to be approved first.
The procedure for issuing the green card is different if conducted from abroad rather than within the United States. In that case, USCIS will, after approving your I-360, communicate with the National Visa Center (NVC) and/or your local U.S. consulate, and you will receive further instructions from them.
As you can see, this application process is paperwork intensive, and involves more than just filling out forms. An experienced U.S. immigration attorney can be well worth the cost.