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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

ItemDetails
Official titleForm I-360, Petition for Amerasian, Widow(er), or Special Immigrant
AgencyUSCIS; for immigrant visas abroad, the State Department's NVC and U.S. embassies and consulates handle the case afterward
Who filesDepends on the category: widow(er)s and VAWA self-petitioners can file for themselves; religious workers are petitioned for by a U.S. religious organization employer; SIJ petitions are filed by the juvenile (or by someone on the juvenile's behalf)
Main categoriesWidow(er)s of U.S. citizens; VAWA abused spouses, children and parents; Special Immigrant Juveniles (SIJ); religious workers (EB-4); Amerasians; certain Afghan and Iraqi nationals; other special immigrants such as international organization employees and U.S. armed forces members
Can it be filed with an I-485?Generally yes for widow(er)s and VAWA self-petitioners abused by a U.S. citizen; yes for SIJ when a visa number is available; no for religious workers
Online filingCheck the current instructions on the official USCIS form page; the filing address varies by category, so follow the official "Where to File" instructions
Common related formsI-485, I-765, I-131, G-28, I-912 (some categories)
Official pageuscis.gov/i-360

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 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

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

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

After filing

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

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

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

Filing and adjudication features

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)

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

General evidence requirements

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

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

CategoryWho filesCap and visa queueCan it be filed with an I-485?Key deadlines
Widow(er) of a U.S. citizenSelfImmediate relative, not subject to the capGenerally yesWithin 2 years of the spouse's death; no remarriage before obtaining the green card
VAWA (abuser is a U.S. citizen)SelfImmediate relative, not subject to the capGenerally yesWithin 2 years of divorce or the abuser's death (if applicable); children before 21 (with an exception extending to 25)
VAWA (abuser is a green card holder)SelfFamily preference category (such as F2A)Only when the priority date is currentSame as above
Special Immigrant Juvenile (SIJ)The juvenile or someone on the juvenile's behalfEB-4 queueOnly when the priority date is currentFile before 21; the order must be obtained while the state court still has jurisdiction
Religious workerU.S. religious organization employerEB-4 queueNoNon-ministers are subject to the sunset provision

Frequently asked questions

My U.S. citizen husband died and we had been married less than two years. Can I still apply?

Yes. Since 2009, the widow(er) category no longer requires 2 years of marriage, but you must file within 2 years of your spouse's death, not have remarried, and be able to prove the marriage was genuine.

Will a VAWA self-petition notify the abuser?

No. A VAWA petition does not require the abuser's participation, and USCIS is bound by confidentiality rules. You can give a safe mailing address when you file. However, if other legal proceedings such as a divorce or protective order are involved, the other party may learn related information through those proceedings, so overall planning is needed.

I have no police reports. Can I apply under VAWA?

Yes. VAWA accepts "any credible evidence," and police reports are not required. A detailed personal statement, counseling records, witness statements, communications and similar materials can all serve as evidence. Extreme cruelty is also not limited to physical violence.

Should I choose VAWA or a U visa?

If the abuser is a U.S. citizen or green card holder spouse (or parent or adult child), VAWA is usually worth considering, and it does not require a law enforcement certification; if the abuser has no U.S. status, or the crime was not limited to family members, a U visa may be the only option. You may also qualify for both, which requires case-by-case comparison; see I-918 U visa.

My child is already 19. Can he or she still apply for SIJ?

Immigration law only requires filing the I-360 before 21, but whether a juvenile court order can be obtained depends on the age jurisdiction of the courts in your state; in some states it cannot be obtained after 18. Confirm your state's rules as early as possible.

Can a religious worker in R-1 status file the I-360 and I-485 together?

No. In the religious worker category, you must wait for the I-360 to be approved and for your priority date to be current before filing the I-485. In the meantime, be careful to maintain R-1 status, which has a maximum total period of stay.

Does an approved I-360 mean I have a green card?

No. The I-360 only establishes the immigrant category; you still need to complete the green card application through an I-485 or an immigrant visa, during which admissibility and other issues are reviewed.

Official sources

Related reading

The requirements and risks of the I-360 categories differ greatly. If you are not sure which category applies to you, whether your evidence is sufficient, or whether you can file the I-485 at the same time, you can book an attorney evaluation. Religious organizations sponsoring ministers or religious workers for EB-4 can also book a consultation.

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.