What is a Form I-361?
Form I-361 is an application for cancellation of removal and adjustment of status for certain non-permanent residents. This form is used by individuals who are in the United States without being lawfully admitted or paroled and who are seeking to obtain lawful permanent resident status.
Who is Eligible for Form I-361?
Form I-361, the Application for Amerasian, Widow(er), or Special Immigrant, is available to any foreign national who meets the requirements to file for one of the categories listed in the form. Eligible individuals include those who are:
• Amerasian immigrants;
• Widows or widowers of U.S. citizens;
• Special Immigrants; and
• Certain former employees of the U.S. government abroad.
Eligible applicants must have been physically present in the United States and must have maintained a lawful status for at least two years prior to filing for benefits under this form.
What is the Latest Form I-361 Edition?
The latest edition of Form I-361 is from November 2020.
What are the Required Documents for Form I-361?
The documents required for Form I-361 are:
1. Proof that you are the child of a US citizen, such as a birth certificate or adoption papers, or
2. Documentation of your relationship to the US citizen parent, such as a marriage certificate or other proof of legal guardianship.
3. Evidence that the US citizen parent has been physically present in the United States for at least 5 years before the application is filed, or
4. Evidence of qualifying military service in the US Armed Forces or employment with the US Government abroad.
5. Proof of your identity, such as a valid passport, driver’s license, or other government-issued identification card.
6. Two (2) passport-style color photos taken within 30 days of filing the application.
How to Submit Form I-361?
The Form I-361 is an application for refugee and asylee relative petition. It is used to sponsor a family member who is a refugee or an asylee to come the United States.
1. Get the Form I-361. You can find the form online at the U.S. Citizenship and Immigration Services (USCIS) website or you can get a copy of the form from your local USCIS office.
2. Complete the Form I-361. Carefully complete every section of the form and make sure that all of your information is correct before submitting it.
3. Gather Necessary Documents: Depending on your situation, you may need to submit additional documents along with your application such as proof of your relationship to the refugee or asylee, birth certificates, marriage certificates, evidence of financial support, etc.
4. Submit the Form I-361 and Necessary Documents. Once you have completed the form and gathered all necessary documents, you will need to submit them to the USCIS either by mail or in person at a USCIS office.
5. Pay Required Fees: There are various fees associated with submitting Form I-361 and these fees must be paid at the time of submission. You can find more information about these fees on the USCIS website.
6. Wait for a Decision: Once your application has been received, USCIS will review it and make a decision regarding your petition. You will be notified when a decision has been made about your relative’s immigration status.
What are the Filing Tips for Form I-361?
1. Carefully review all instructions for Form I-361 before filling it out.
2. Complete all required fields accurately, paying attention to spelling and grammar.
3. Gather all necessary documents and supporting evidence before you start the application process.
4. Include all applicable supporting evidence such as birth certificates, marriage certificates, or proof of previous immigration status.
5. Double-check all information before submitting it to the USCIS.
6. Make sure to sign and date the form in the appropriate spots.
7. Include the applicable filing fee with the form.
8. Submit Form I-361 along with all associated documents to the appropriate address listed on the form instructions.
Are There Special Instructions for Form I-361?
Yes. You will need to follow the instructions provided on the Form I-361 page of the USCIS website. This includes providing proof of your relationship to the U.S. citizen or lawful permanent resident you are filing for, providing the applicable filing fee and signing the form. Additionally, you will need to submit any applicable evidence supporting your claim such as a birth certificate, marriage certificate or employment documentation.
What is the Form I-361 Fee?
The Form I-361 fee is a filing fee for the Application for Waiver of Grounds of Inadmissibility. This form is used by individuals who are inadmissible to the United States to apply for a waiver of grounds of inadmissibility, which allows them to remain in the U.S. The fee for this form is $585.
Can I Apply for Form I-361 Fee Waiver or Reduction?
No, you cannot. The Form I-361 Fee Waiver or Reduction is for the petitioner only and must be filled out by the petitioner. Any other person is not allowed to apply for or fill out this form.
What is the Form I-361 Processing Time?
The Form I-361 processing time varies depending on the type of petition you filed and the current workload of the USCIS office handling your application. Generally, it can take anywhere from 6 to 12 months for the USCIS to process your Form I-361. If more than 12 months have passed since you filed your application, you may contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283 to inquire about the status of your application.