Form I-360 guide: widow(er)s, VAWA, SIJ and special immigrant petitions (Petition for Amerasian, Widow(er), or Special Immigrant)

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-360's official title is Petition for Amerasian, Widow(er), or Special Immigrant, and it is decided by U.S. Citizenship and Immigration Services (USCIS). It is a "multipurpose" immigrant petition: the same form is used for widows or widowers of U.S. citizens, people abused by a U.S. citizen or green card holder family member (VAWA self-petitions), Special Immigrant Juveniles (SIJ), religious workers, and several completely different categories such as Amerasians and certain Afghan and Iraqi nationals. Each category has its own legal basis, requirements, evidence and fee rules, so each category must be understood separately.

In the overall immigration process, the I-360 plays the role that the I-130 plays in family-based immigration or the I-140 plays in employment-based immigration: it is the first step, "establishing the immigrant category." After the I-360 is approved, depending on where the applicant is and whether a visa number is available, the applicant files Form I-485 to adjust status in the United States or applies for an immigrant visa at a U.S. embassy or consulate abroad. Some categories allow the I-360 and I-485 to be filed together and some do not, as explained below.

At a glance

1. Widow(er)s of U.S. citizens

A spouse of a U.S. citizen normally immigrates through an I-130. If the U.S. citizen spouse dies, the surviving foreign spouse can still self-petition on Form I-360 for a green card as an "immediate relative" under INA 201(b)(2)(A)(i), without being subject to the annual visa cap.

Requirements

• The spouse was a U.S. citizen at the time of death (special rules apply in situations such as death while serving in the military);
• The two were legally married at the time of death and not legally separated;
• The marriage was entered into in good faith, not for immigration purposes;
• The I-360 is filed within 2 years of the spouse's death;
• No remarriage before obtaining the green card. Remarriage ends eligibility in the widow(er) category.

The law used to require that the marriage have lasted 2 years; that requirement was eliminated as of October 28, 2009. The length of the marriage no longer affects eligibility, but a bona fide marriage must still be proven.

If an I-130 was already filed

If the U.S. citizen spouse filed an I-130 for you before death and it was pending or approved at the time of death, it is generally converted automatically to a widow(er) I-360, and you do not need to file a new I-360. You still need to observe restrictions such as the bar on remarriage, and confirm with USCIS how the case will be handled.

Children

The widow(er)'s unmarried children under 21 can be included on the I-360 as derivative beneficiaries.

Evidence

• Proof of the spouse's U.S. citizenship and the death certificate;
• The marriage certificate and proof that any prior marriages of either spouse were legally terminated (divorce decrees, death certificates of former spouses);
• Evidence of a bona fide marriage: shared residence, joint property and accounts, joint tax returns, insurance beneficiary designations, children's birth certificates, photos, correspondence, etc.;
• Birth certificates of any accompanying children.

A widow(er) who is in the United States and eligible to adjust status can file the I-360 together with the I-485. This category generally does not require an I-864 affidavit of support; check the current form instructions.

Situations that are easy to confuse: if the deceased was the I-130 petitioner but you were not his or her spouse (for example, you are a beneficiary petitioned for by a parent or sibling), or if the deceased was the principal beneficiary and you are a derivative beneficiary, the widow(er) I-360 does not apply; instead the "surviving relative" provision of INA 204(l) may apply, with different requirements that must be evaluated separately.

2. VAWA self-petitions (abused spouses, children and parents)

The Violence Against Women Act (VAWA) allows people abused by a U.S. citizen or green card holder family member to file an I-360 for themselves, without relying on the abuser. The provision applies to both men and women; the word "women" in its name does not limit it by gender. The abuser is not notified and does not need to sign anything.

Who can apply

• Abused spouses: people abused by a U.S. citizen or green card holder spouse; spouses whose child was abused by that spouse (even if the spouse was not abused); and "intended spouses" (for example, someone whose marriage is invalid because of the other party's bigamy, without his or her knowledge).
• Abused children: unmarried children abused by a U.S. citizen or green card holder parent, who generally must apply before age 21; if the abuse was a central reason for the delay in filing, they may apply before age 25.
• Abused parents: parents abused by a U.S. citizen son or daughter who is at least 21.

Main requirements (using abused spouses as the example)

1. A qualifying marital relationship with the abuser; if the marriage has ended, in principle the petition must be filed within 2 years of the divorce, and the divorce must be connected to the domestic violence; if the U.S. citizen abuser died, within 2 years of the death; if the green card holder abuser lost status for reasons related to domestic violence, within 2 years of the loss of status;
2. The marriage was entered into in good faith, not for immigration purposes;
3. Battery or extreme cruelty during the marriage, which is not limited to physical violence; long-term psychological control, threats, isolation, financial control, sexual coercion and the like can all qualify;
4. Has lived with the abuser (living together now is not required);
5. Good moral character; certain issues that arose from the abuse can be taken into account.

The self-petitioner should generally be in the United States; if the abuser is a U.S. government employee or member of the military working abroad, or if the abuse took place in the United States, the petition can also be filed from abroad. The abused spouse's unmarried children under 21 can be included as derivative beneficiaries.

Evidence

• Proof of the abuser's U.S. citizenship or green card status (if unavailable, provide information such as name and date of birth so USCIS can search its records);
• The marriage certificate and proof that prior marriages were terminated;
• Evidence of abuse: police reports, protective orders, medical records, counseling records, shelter letters, photos, text messages and emails, witness statements, etc.;
• Proof of shared residence;
• Evidence of a good-faith marriage;
• Evidence of good moral character: the self-petitioner's own statement and police clearances from places of residence, etc.;
• A detailed personal statement from the self-petitioner.

After filing

• If USCIS finds the petition establishes a prima facie case, it issues a prima facie determination notice, which can be used to apply for certain public benefits.
• After an I-360 approval, self-petitioners were in the past generally considered for deferred action and could apply for a work permit; however, on May 8, 2026 USCIS issued a policy alert (PA-2026-01) tightening deferred action policy, so check current rules.
• If the abuser is a U.S. citizen, the self-petitioner is in the immediate relative category, not subject to the cap, and when eligible can file the I-485 at the same time; if the abuser is a green card holder, the self-petitioner must wait for a visa number in a preference category such as F2A.
• VAWA self-petitioners benefit from some special rules at adjustment; in some cases they may be able to adjust status in the United States even after entering without inspection, which requires case-by-case evaluation.

Confidentiality: federal law (8 U.S.C. 1367) protects the confidentiality of information about VAWA, T and U applicants and prohibits adverse decisions based solely on information provided by the abuser. On December 22, 2025, USCIS issued a policy alert (PA-2025-34) narrowing how this protection applies in USCIS adjudications (for example, clarifying that rejections and decisions on deferred action and work permits are not subject to the "no adverse decision based on abuser-provided information" restriction); consult an attorney about the specific impact.

3. Special Immigrant Juveniles (SIJ)

Special Immigrant Juvenile (SIJ) classification is an immigrant category for minors in the United States who need the protection of a state juvenile court because of abuse, neglect or abandonment by a parent; it is part of the employment-based fourth preference (EB-4). The current regulation is 8 CFR 204.11, which was comprehensively updated by a final rule effective April 7, 2022.

Requirements

1. Under 21 when the I-360 is filed (filing before 21 locks in age protection);
2. Unmarried, and remaining unmarried while the case is pending;
3. Physically present in the United States;
4. An order from a U.S. state juvenile court (the name varies by state, such as family court or probate court) that:
   • Declares the minor dependent on the court, or places the minor in the custody of a state agency or department or an individual or entity appointed by the court;
   • Finds that reunification with one or both parents is not viable due to abuse, neglect, abandonment or a similar basis under state law;
   • Finds that it is not in the minor's best interest to return to his or her or the parents' country of nationality (or last habitual residence);
5. USCIS consent: the court order must have been sought for the genuine purpose of protecting the minor from abuse, neglect or abandonment, not primarily to obtain an immigration benefit.

Note: state juvenile courts have different upper age limits for jurisdiction, some up to 18 and some up to 21, and the order must be obtained while the court still has jurisdiction. A minor currently in the custody of the U.S. Department of Health and Human Services (HHS) must first obtain specific consent from HHS before a juvenile court determines the minor's custody status or placement. A person who obtains status through SIJ can never confer an immigration benefit on his or her natural parents or prior adoptive parents based on that relationship.

Evidence

• The juvenile court order (and the factual basis for the court's findings, if not stated in the order itself);
• Proof of age: birth certificate, passport, etc.;
• If applicable, HHS specific consent documentation.

Green card and the visa queue

SIJ falls under EB-4 and is subject to annual and per-country limits. In recent years the EB-4 dates in the Visa Bulletin have retrogressed significantly, and after SIJ approval applicants often must wait for their priority date before filing the I-485. When a visa number is available, the I-360 and I-485 can be filed together. At adjustment, certain grounds of inadmissibility (such as public charge and entry without inspection) do not apply to SIJs, and others can be waived; rely on the regulations for details. For how to read the Visa Bulletin, see How to read the U.S. Visa Bulletin.

Key 2025–2026 changes

• Statutory fee: the "H.R. 1" legislation enacted in July 2025 created a new statutory fee for SIJ petitions, which DHS announced in the Federal Register on July 22, 2025. SIJ I-360 petitions now require payment under current rules, in the amount published by USCIS.
• Deferred action: on June 6, 2025, USCIS announced it was rescinding the 2022 policy of considering deferred action and work permits for approved SIJs waiting for visa numbers. In A.C.R. v. Noem, the U.S. District Court for the Eastern District of New York stayed that rescission in November 2025, but with limited scope, and the case has been appealed to the Second Circuit. In April 2026 USCIS again issued a policy ending the 2022 policy (with transition provisions for previously filed requests), and in May 2026 it tightened deferred action policy overall. Whether approved SIJs can obtain deferred action and work permits must be checked against the latest developments.

4. Religious workers (EB-4)

The special immigrant religious worker category lets U.S. religious organizations sponsor foreign ministers and religious workers for green cards, under INA 101(a)(27)(C) and 8 CFR 204.5(m). It is different from the R-1 nonimmigrant religious worker visa, but many people first come on an R-1 and then apply for EB-4.

Requirements

• For the 2 years immediately before filing, a member of a religious denomination that has a bona fide nonprofit religious organization in the United States;
• For the 2 years immediately before filing, continuously working in that religious occupation or vocation (the regulations have specific rules on breaks and part-time work);
• Coming to the United States to work as a minister, or in a religious occupation or religious vocation for a religious organization (or its affiliate);
• The position must be full-time and compensated (the regulations use an average of at least 35 hours per week), and the employer must show it can pay the compensation;
• The employer must be a qualifying tax-exempt religious organization or an affiliate.

Filing and adjudication features

• The I-360 must be filed by the U.S. employer, which completes the Employer Attestation in the form.
• USCIS may conduct a site inspection to verify that the religious organization and work location are genuine.
• Cannot be filed together with the I-485: the I-485 can be filed only after the I-360 is approved and when the Visa Bulletin allows.
• Falls under EB-4 and is subject to the visa queue; dates have retrogressed significantly in recent years.

The "sunset" provision for non-ministers

The minister category is permanent. The special immigrant category for non-minister religious workers (religious occupations and vocations), however, is subject to a "sunset" provision in the statute and must be periodically extended by Congress; it has been extended for short periods many times around its expiration dates and has occasionally lapsed briefly. If it expires without an extension, non-ministers cannot obtain immigrant visas or green cards in this category. Before filing, and before filing the I-485, confirm that the category is still in effect at that time.

5. Other special immigrant categories (overview)

• Amerasians: people born in Korea, Vietnam, Laos, Cambodia or Thailand after December 31, 1950 and before October 22, 1982 whose father was a U.S. citizen.
• Certain Afghan and Iraqi nationals: people who served as translators for the U.S. military or worked locally for the U.S. government fall under dedicated special immigrant visa (SIV) programs, which involve prerequisite steps such as Chief of Mission approval from the State Department. Program rules have changed considerably in recent years; check current State Department and USCIS rules.
• Employees of international organizations and their family members, people serving in the U.S. armed forces, certain Panama Canal employees, certain physicians and others each have their own requirements.

These categories apply to narrow groups and have varying requirements; consult the official I-360 page and form instructions directly, or consult an attorney.

Tips for completing the form

• Part 1, petitioner information: note the difference between the "petitioner" and the "beneficiary." In the religious worker category, the petitioner is the employer; in the widow(er), VAWA and SIJ categories, the petitioner is usually the beneficiary himself or herself.
• Part 2, classification: check only one category. Checking the wrong category can lead to denial or rejection.
• Category-specific parts: the form has dedicated sections for widow(er)s, VAWA, SIJ, religious workers and others; complete only the parts relevant to the category you selected, and leave other parts blank or write "N/A" as instructed.
• Beneficiary information: name, date of birth, A-Number (if any) and entry records must match official records.
• Family members: list the spouse and children who may be derivative beneficiaries.
• Safe address: VAWA self-petitioners can give a safe mailing address the abuser does not know.
• Signature: unsigned forms are rejected. Use the current edition stated on the official page.

General evidence requirements

• See above for the core evidence in each category;
• Foreign-language documents must include a complete English translation and a translator's certification; this also applies to Chinese notarial certificates of birth, marriage, death, no criminal record and the like; see Translation requirements for immigration documents;
• Submit copies rather than originals unless officially requested;
• If represented by an attorney, include Form G-28.

How to file and fees

Fee rules differ greatly among I-360 categories: some require the standard filing fee (such as widow(er)s and religious workers), some (such as VAWA self-petitioners, Amerasians and certain Afghan and Iraqi nationals) are subject to special fee or exemption rules, and SIJ petitions require the new statutory fee created by the "H.R. 1" legislation. Whether each category pays a fee, and how much, is set by the official fee schedule: USCIS Fee Schedule G-1055; see also How to check fees and processing times. The filing address varies by category; follow the official I-360 page.

What happens after filing

1. Receipt notice (I-797C); you can check the status online (see How to check your USCIS case status).
2. Biometrics (scheduled according to the category and whether an I-485 was filed at the same time).
3. Requests for evidence or interviews: you may receive an RFE (see How to respond to an RFE); widow(er) and VAWA cases may require an interview; religious worker cases may involve a site inspection.
4. Approval: after approval, applicants in the United States file the I-485 when the Visa Bulletin allows, or their pending I-485 continues; for those abroad, the case is transferred to the State Department's NVC for immigrant visa processing.

For processing times, see USCIS processing times.

Common reasons for denial and options afterward

• Widow(er)s: filed after the 2-year deadline, remarried, insufficient evidence of a bona fide marriage, legally separated at the time of death.
• VAWA: insufficient or vague evidence of abuse, inability to prove a good-faith marriage or shared residence, moral character issues, more than 2 years since the divorce.
• SIJ: the court order lacks required findings or a factual basis, the petitioner was already 21 or married at filing, or USCIS concludes the order was sought primarily for an immigration benefit.
• Religious workers: the 2 years of work experience was not continuous, the source of compensation cannot be shown, organizational eligibility problems, or inconsistencies found during a site inspection.

Options after an I-360 denial vary by category: most categories can file an appeal with the Administrative Appeals Office (AAO) or a motion using Form I-290B, but appeals in family-type categories such as widow(er)s may fall under the jurisdiction of the Board of Immigration Appeals (BIA); follow the route and deadline stated in the denial notice. Where eligible, you can also fix the problems and refile. Whether refiling makes sense depends on the reason for denial and the deadlines (for example, the widow(er)'s 2-year deadline or the SIJ age limit).

Comparison of the categories

Frequently asked questions

Official sources

• USCIS: Form I-360 official page
• USCIS: Abused Spouses, Children and Parents (VAWA)
• USCIS: Special Immigrant Religious Workers
• USCIS Policy Manual, Volume 6, Part J: Special Immigrant Juveniles
• USCIS Policy Manual, Volume 3, Part D: VAWA
• 8 CFR 204.11 (Special Immigrant Juveniles)
• USCIS Fee Schedule G-1055
• U.S. Department of State: Visa Bulletin

Related reading

• Form I-918 guide: U visa (crime victims)
• Form I-130 guide: petition for alien relative
• Form I-485 guide: adjustment of status
• Family-based immigration: who can petition for whom?
• How to read the U.S. Visa Bulletin

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.