1. What is the filing fee for an I-360 self-petition?
The filing fee for an I-360 self-petition is $435.
2. Where can I mail my I-360 application?
The I-360 application should be mailed to the following address:
USCIS
Attention: I-360
2501 S. State Highway 121 Business, Suite 400
Lewisville, TX 75067
3. How long does it typically take USCIS to process an I-360 self-petition?
USCIS typically takes 5 to 7 months to process an I-360 self-petition.
4. What evidence do I need to submit with my I-360 application?
The evidence you must submit with your I-360 application will depend on the type of petition you are filing. Generally, evidence documents may include but are not limited to birth certificates, marriage certificates, proof of past persecution, court records, medical records, testimonials from witnesses, financial records, school records, military records, and other documents that support your claim.
5. Can I file my I-360 self-petition if I am currently in removal proceedings?
Yes, you can file an I-360 self-petition while you are in removal proceedings. However, filing an I-360 self-petition does not stop your removal proceedings or provide you with any relief from removal. If you would like to seek relief from removal, you may need to file a separate application for relief.
6. Are there additional forms that I must submit with my self-petition?
Yes, the additional forms required depend on your situation. Generally, you must submit a letter of explanation, evidence of qualifications, and evidence of your relationship to the petitioner if applicable. Your lawyer can help you determine which forms are required for your specific case.
7. What is an Affidavit of Support and do I need to submit one with my I-360 self-petition?
An Affidavit of Support is a legally enforceable contract between a sponsor and the U.S. government that requires the sponsor to financially support an immigrant. The sponsor must have sufficient income or assets to meet certain income requirements and must agree to pay any “reasonably foreseeable” financial assistance needed by the immigrant. A sponsor must submit an Affidavit of Support if they are petitioning an immigrant relative as a family-based immigrant. An I-360 self-petition is not required to submit an Affidavit of Support.
8. Can I travel outside of the US while my I-360 self-petition is being processed?
Yes, you can travel outside of the United States while your I-360 self-petition is being processed. However, you should consult with a qualified attorney prior to doing so to ensure that you are aware of the potential consequences of leaving and returning to the US.
9. Can a family member file an I-360 self-petition on my behalf?
No, a family member cannot file an I-360 self-petition on behalf of someone else. The petitioner must be either the principal applicant or someone acting on their behalf with their permission.
10. Are there any exceptions for filing an I-360 self-petition if I am already married to a US citizen or lawful permanent resident?
Yes, there are a few exceptions. Some self-petitioners may already be married to a US citizen or lawful permanent resident, but may not have known of their spouse’s citizenship or residency status at the time of marriage. Self-petitioners may also qualify if their relationship with their spouse has been terminated through death or divorce. In some cases, spouses who previously obtained permission to remain in the US through an approved I-360 petition may qualify for a new I-360 self-petition.
11. What type of relief can I receive if my self-petition is approved?
If your self-petition is approved, you may be eligible for lawful permanent resident status (green card). If approved, you will receive a document from USCIS that proves you are a lawful permanent resident. This document is commonly referred to as a “green card.”
12. How do I check the status of my I-360 self-petition?
You can check the status of your I-360 self-petition by logging into the USCIS website and entering your receipt number. You can also call the USCIS Contact Center at 1-800-375-5283 for more information.
13. If my self-petition is approved, can I apply for a work permit?
Yes, if your self-petition is approved, you should be able to apply for a work permit.
14. What happens if my self-petition is denied?
If your self-petition is denied, you will receive a notice of the denial, as well as information about the appeals process if applicable. Depending on the reason for the denial, you may be able to file an appeal or reapply. If you are at risk of being deported, you should seek legal advice as soon as possible.
15. Does filing an I-360 self-petition make me eligible for public benefits?
No, filing an I-360 self-petition does not make you eligible for public benefits. In order to be eligible for public benefits, you must meet the criteria set out by the relevant government agency and demonstrate that you meet the criteria for the benefit in question.
16. Can USCIS review new evidence after the initial filing of my I-360 self-petition?
Yes, the USCIS may review new evidence at any time before making a decision on your I-360 self-petition.
17. Can USCIS review new evidence after the initial filing of my Form I-485 adjustment application?
Yes. USCIS will review new evidence once the initial filing of the Form I-485 adjustment application has been made. The applicant must submit the new evidence in writing to USCIS and make sure it is received by USCIS before a decision is made on the application.
18. Is it necessary to attend a biometrics appointment when filing an I-360 self-petition?
No, it is not necessary to attend a biometrics appointment when filing an I-360 self-petition. The applicant may submit their fingerprints and photograph to USCIS electronically, through an approved service provider.
19. How long can the adjudication process take to complete for an I-360 self-petitioner?
The adjudication process for an I-360 self-petitioner can take anywhere from six months to several years, depending on the complexity of the case. The USCIS states that most cases are adjudicated within a year’s time.
20. Are there any special provisions for certain immigrants filing an I-360 VAWA Self Petitioner, such as military veterans or members of certain religious organizations?
Yes, there are special provisions for certain immigrants filing an I-360 VAWA Self Petitioner. VAWA Self-Petitioners who are also military veterans may be eligible to adjust their status to that of a lawful permanent resident without having to go through the consular processing. Additionally, members of certain religious organizations may be able to obtain refugee or asylee status if they qualify.