I-360 Instructions TOCs

TABLE OF CHANGES – INSTRUCTIONS

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

OMB Number: 1615-0020

06/15/2022

Reason for Revision: 83C

Project Phase: OMBReview

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 06/30/2022

Edition Date 04/07/2022

Current Page Number and Section	Current Text	Proposed Text
Page 1-10, Who May File Form I-360?	[Page 1] Who May File Form I-360? … Iraq National Who Was Employed by or on Behalf of the U.S. Government in Iraq You may file this petition for yourself if: 1. You are a national of Iraq; 2. You have established to the satisfaction of the Chief of Mission, Embassy Baghdad, or the designee of the Chief of Mission, that you were or are employed by or on behalf of the U.S. Government in Iraq between March 20, 2003 and September 30, 2013, for a period of at least one year; … [Page 9] Afghan National Who Was Employed by or on Behalf of the U.S. Government or the International Security Assistance Force (ISAF) in Afghanistan [new] You may file this petition for yourself if: 1. You are a national of Afghanistan; 2. You have established to the satisfaction of the Chief of Mission, Embassy Kabul, or the designee of the Chief of Mission that you were employed by or on behalf of the U.S. Government or ISAF in Afghanistan between October 7, 2001 and September 30, 2015, for a period not less than one year; 3. You have provided faithful and valuable service to the U.S. Government or ISAF. Your senior supervisor must submit a recommendation to the U.S. Government or, if your senior supervisor has left the employer or left Afghanistan, either the person who is currently occupying that position or someone in a more senior position with the employing entity; 4. You have experienced or are experiencing an ongoing serious threat as a consequence of being employed by or on behalf of the U.S. Government or ISAF; 5. You have or will have cleared a background check and appropriate screening as determined by the Secretary of Homeland Security; and 6. You are otherwise eligible to receive an immigrant visa and are admissible to the United States for permanent residence, excluding the grounds of inadmissibility specified in INA section 212(a)(4) (8 U.S.C. 1182(a)(4)). You are entitled to apply for status of a surviving spouse or child if you are also classifiable as a special immigrant described in Section 602(b) of Pub. L. 111-8 if you are the spouse or child of a principal beneficiary who had a petition approved by USCIS, but the petition was terminated after its approval due to the death of the principal beneficiary. You must file the petition with: 1. A copy of your passport, birth certificate, or national identification card showing that you are a national of Afghanistan. If the document is in a foreign language, you must provide a certified English translation; 2. A positive recommendation from your senior supervisor or the person currently occupying that position, or a more senior person if your senior supervisor has left the employer or has left Afghanistan, confirming employment of at least one year between October 7, 2001 and September 30, 2015; 3. Approval of your submission of this petition from the appropriate Chief of Mission or the designee of the Chief of Mission; 4. Proof of risk assessment conducted by the Chief of Mission or the designee of the Chief of Mission; 5. Proof of independent review conducted by the Chief of Mission or the designee of the Chief of Mission of records maintained by the U.S. Government or ISAF, hiring organization, or entity to confirm employment and faithful and valuable service to the U.S. Government or ISAF; and 6. A copy of the front and back of your Form I-94 Arrival-Departure Record, if you are physically present in the United States. Broadcasters …	[Page 1] Who May File Form I-360? … Iraq National Who Was Employed by or on Behalf of the U.S. Government in Iraq You may file this petition for yourself if: 1. You are a national of Iraq; 2. You have established to the satisfaction of the Chief of Mission, Embassy Baghdad, or the designee of the Chief of Mission, that you were or are employed by or on behalf of the U.S. Government in Iraq between March 20, 2003 and September 30, 2013, for a period of at least one year. (Please note, the deadline to apply for Chief of Mission approval was September 30, 2014. Applications submitted after this date cannot be accepted or processed.); … [Page 9] Afghan National Who Was Employed by or on Behalf of the U.S. Government or the International Security Assistance Force (ISAF), or its successor, in Afghanistan NOTE: USCIS is transitioning to the U.S. Department of State (DOS) responsibility for adjudicating SIV petitions filed by Afghan nationals who were employed by or on behalf of the U.S. Government or the ISAF (or its successor) in Afghanistan. The Form DS-157 you file together with the other documents required to apply for Chief of Mission Approval (as listed at https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html) has replaced the Form I-360. Email all necessary documentation to: AfghanSIVApplication@state.gov. If you have received a Chief of Mission Approval letter which does NOT contain the sentence “A signed DS-157 submitted by the principal applicant named above is hereby approved as a petition for classification as a special immigrant under section 203(b)(4) of the Immigration and Nationality Act”, you should still file Form I-360 with USCIS, according to the instructions below. If you started the SIV application process on or after July 20, 2022, DO NOT file a Form I-360 with USCIS. You must file Form DS-157 together with the documents required to apply for Chief of Mission Approval as listed here: https://travel.state.gov/content/travel/en/us-visas/immigrate/special-immg-visa-afghans-employed-us-gov.html. Email all necessary documentation to: AfghanSIVApplication@state.gov. You may file Form DS-157, Petition for Special Immigrant Classification for Afghan SIV Applicants, with DOS if: You are a citizen or national of Afghanistan; and You were employed by or on behalf of the U.S. government or the International Security Assistance Force (ISAF), or its successor, in Afghanistan between October 7, 2001 and December 31, 2023, for a period of not less than one year; or You are the surviving spouse or surviving unmarried child under age 21 of a deceased spouse or parent who met the criteria in 1 and 2 above. Only individuals described in the following categories should file Form I-360 with USCIS, according to the instructions below: You are currently in the United States and have received Chief of Mission Approval; You are currently in the United States and have already been granted Chief of Mission Approval, but you did not sign your previously filed Form DS-157; or You are either inside or outside the United States, have been granted Chief of Mission Approval but did not file a Form DS-157 with your COM application. You may file this petition for yourself if: 1. You are a national of Afghanistan; 2. You have established to the satisfaction of the Chief of Mission for Afghanistan, or the designee of the Chief of Mission that you were employed by or on behalf of the U.S. Government or ISAF (or its successor) in Afghanistan between October 7, 2001 and December 31, 2023, for a period not less than one year; 3. You have provided faithful and valuable service to the U.S. Government or ISAF (or its successor). Your senior supervisor must submit a recommendation to the U.S. Government or, if your senior supervisor has left the employer or left Afghanistan, either the person who is currently occupying that position or someone in a more senior position with the employing entity must submit the recommendation; [no change] 6. You are otherwise eligible to receive an immigrant visa and are admissible to the United States for permanent residence, excluding the grounds of inadmissibility specified in INA section 212(a)(4) (8 U.S.C. 1182(a)(4)). 7. You are entitled to apply for classification as a special immigrant described in Section 602(b) of Pub. L. 111-8 as a surviving spouse or child if you are the spouse or unmarried child under age 21 of a principal beneficiary who: A. Met the employment requirements at the time of their death, and you subsequently filed for and received Chief of Mission approval; B. Submitted an application for Chief of Mission Approval that included you as an accompanying spouse or child, and the Chief of Mission approved the application, or C. Had a petition approved by USCIS, but the petition was terminated after its approval due to the death of the principal beneficiary. You must file the petition with: [no change] 2. A positive recommendation from your senior supervisor or the person currently occupying that position, or a more senior person if your senior supervisor has left the employer or has left Afghanistan, confirming employment of at least one year between October 7, 2001 and December 31, 2023; 3. A copy of the Chief of Mission Approval; [no change] 6. A copy of your Form I-94 Arrival-Departure Record, if you are physically present in the United States. If you were issued a paper Form I-94, provide a copy of the front and back of the Form I-94. Broadcasters …

1