Form I-360 for classifying an alien as Amerasian immigrant

USCIS offers different routes for immigrants to enter the US based on their eligibility criteria. Immigration forms also vary for each immigrant category. Form I-360 is one such form which is an immigrant petition that is to be used by Amerasian, widow or widower and special immigrants.

Purpose of Form I-360

The purpose of this petition is used to classify an alien under any one of the following categories – amerasian, widow or widower, battered or abused Spouse or Child (of a US Citizen or Permanent Resident)or special immigrant.

The first three categories are specific and hence are clear in their meaning. The term special immigrant may imply various interpretations if not understood properly. The following classes of people fall under special immigrant category
• Religious Worker
• Employee of Panama Canal Company, Canal Zone Government, International
• Organization(Family member also)
• US Government in the Canal Zone Employee
• Physician
• Dependent of Juvenile Court
• Member of the Armed Forces
• Afghanistan or Iraq national who had extended support to the US Armed Forces by acting as a translator, Iraq or Afghan national who worked for or on behalf of the US. Government in Iraq or Afghanistan respectively

Filing Instructions for Form I-360 ( For Amerasians)

Who can file Form I-360?

Anybody who is of 18 years and above of age( including the alien also) or a US corporation is eligible to file Form I-360 for beneficiaries who are born in Korea, Vietnam, Laos, Kampuchea or Thailand( between Dec 31,1950 and Oct 22,1982). The beneficiary should have been fathered by a US citizen.
Documents to be submitted along with Form I-360
• Copies of proof of birth indicating that the alien was born in one of the above mentioned countries between the specified dates.
• In case the alien is from Vietnam, a copy of the Vietnamese identification card should also be submitted. An affidavit explaining the reason for unavailability of the above mentioned document should be submitted along with Form I-360, if that is the case.
• Proof establishing the parentage of the alien and the US Citizenship status of the biological father ( copies will suffice)
• Photograph of the alien
• Copy of the marriage certificate ( if married) and proof of any termination of marriages
Apart from these, the following sponsorship documents should be filed with Form I-360. Filing them together with the petition will reduce unwanted delay in processing – Form I-361(Affidavit of financial support and Intent to petition for legal custody); copies of proof indicating that the sponsor is atleast 21 years of age and is a US citizen or permanent resident.

Where to file Form I-360?

The location of filing the form depends on where the petitioner lives and also the category under which the Form I-360 is filed. For petitions under Amerasian category, a fully completed form needs to be sent to the USCIS Chicago Lockbox facility.

If at all the petitioner resides outside the US, Form I-360 can be filed at the US Consulate or embassy that has jurisdiction over that place.

Receiving E- notification

Since amerasians need to file their Form I -360 at a Lockbox facility, they can elect to receive either an email or a text message notifying the acceptance of the petitioner’s application. For this purpose, Form G-1145 should be completed and clipped on the first page of their application

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