What are the Requirements for Permanent Residence Using Form I-360?
Form I-360 requires that you are any ONE of the following:
- Armed Forces Member
- Special immigrant international organization employee or family member long-term “G†and “N†nonimmigrants
- Amerasian: alien fathered by U.S. citizen and born in Korea, Vietnam, Laos, Kampuchea or Thailand between December 31, 1950 and October 22, 1982
Special immigrant religious worker: member for the past 2 years of a religion that has a bona fide nonprofit religious organization in the U.S. and is coming to the U.S. to work as any of the following:
- Minister of that religion
- In a religious vocation for that organization or its nonprofit affiliate
- In a professional category in a religious vocation or occupation for that organization.
Special immigrant with employment with the Panama Canal Company, Canal Zone Government or U.S. Government in the Canal Zone
Widow(er) of a U.S. citizen requires ALL of the following:
- You were married to the United States citizen for at least 2 years
- Your United States citizen spouse was a United States citizen for at least 2 years at the time of death
- Your United States citizen spouse's death was less than 2 years age
- You and your United States citizen's spouse were not legally separated at the time of your United States citizen's death and you have not remarried
Special immigrant juvenile: unmarried juvenile less than 21 years old, declared dependent on a juvenile court and eligible for long-term foster care
Note: When an I-360 petition is approved, you may adjust status to permanent residence by filing INS Form I-485. If the basis for the I-360 is special immigrant religious worker, obtaining permanent residence status in the U.S. is a two part process: (1) you file I-360 application and obtain approval and (2) when a priority date for I-360 is current, you file I-485 application for adjustment of status.
How Long is This Visa Valid?
This is a permanent residence visa and valid indefinitely.
Are Dependents Eligible for Permanent Resident?
Your spouse and all children under 21 years old are entitled to permanent residence when your I-360 is approved. If the basis for your I-360 is special immigrant religious worker, the priority date for the I-360 is current and you and dependents are in the U.S., they may adjust their status to permanent residence by filing Form I-385.
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