Table of Changes

Form I-360 Table of Changes

OMB No. 1615-0020

06/22/2010

Public Law 111-8, Afghan Allies Protection Act of 2009, provides special immigrant status for certain Afghans.

• The changes highlighted in green reflect the eligibility requirements already contained in Title VI of Public Law 111-8.

• The evidence requirements highlighted in red are not new requirements they have already been approved by OMB for filing the Form I-360 for Iraqi translators, USCIS is just listing the same requirements under the heading for Afghan Nationals to make it easier for the applicant to identify the requirements. However, USCIS is increasing the annual number respondents by 1,500 annually which is the numerical limitation provided in section 602(b)(3) of Public Law 111-8.

• The changes highlighted in yellow are non-substantive edits.

Location	Current Language	Proposed Language
Instructions Page 1 What Is the Purpose of This Form?	What Is the Purpose of This Form? This petition is used to classify an alien as: 1. An Amerasian; 2. A Widow or Widower; 3. A Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident; or 4. A special immigrant defined as one of the following; A. Religious Worker; B. Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee; C. Physician; D. International Organization Employee or Family Member; E. Juvenile Court Dependent; F. Armed Forces Member; G. Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator; or H. Iraq national who worked for or on behalf of the U.S. Government in Iraq.	What Is the Purpose of This Form? This petition is used to classify an alien as: 1. An Amerasian; 2. A Widow or Widower; 3. A Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident; or 4. A special immigrant defined as one of the following: A. Religious Worker; B. Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee; C. Physician; D. International Organization Employee or Family Member; E. Juvenile Court Dependent; F. Armed Forces Member; G. Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator; H. Iraq national who worked for or on behalf of the U.S. Government in Iraq; or I. Afghan national who worked for or on behalf of the U.S. Government in Afghanistan.
Page 5	New Insert	1. You may file this petition for yourself if the appropriate Chief of Mission or the designee of the appropriate Chief of Mission has approved your filing of this petition and you: A. Are a national of Afghanistan; B. Were or are employed by or on behalf of the U.S. Government in Afghanistan on or after October 7, 2001, for a period of not less than 1 year; C. Have provided faithful and valuable service to the U.S. Government. 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; D. Have experienced or are experiencing an ongoing serious threat as a consequence of the employment by or on behalf of the U.S. Government; E. Have or will have cleared a background check and appropriate screening as determined by the Secretary of Homeland Security; and F. 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 section 212(a)(4) (8 U.S.C. 1182(a)(4)) of the Immigration and Nationality Act (INA). 2. Entitlement to apply for status of a surviving spouse or child: 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 alien who had a petition approved by USCIS, but the petition was terminated after its approval due to the death of the principal alien. 3. The petition must be filed with: A. 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, a certified English translation must be provided; B. 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 not less than 1 year on or after October 7, 2001; C. Approval of your submission of this petition from the appropriate Chief of Mission or designee of the appropriate Chief of Mission; D. Proof of risk assessment conducted by the Chief of Mission, or the designee of the Chief of Mission; E. 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 hiring organization or entity to confirm employment and faithful and valuable service to the U.S. Government; and F. If you are physically present in the United States, a copy of the front and back of your Form I-94, Arrival-Departure Record.
Page 8 Where to File?	Afghan and Iraqi Translators/Interpreters, or Iraqi Employees Who Worked for or on Behalf of the U.S. Government (Part 2, Box "k" or "l" on the form) must file Form I-360 at the USCIS Nebraska Service Center, regardless of where you live. You cannot file it concurrently with Form I-485. USCIS Nebraska Service Center USCIS Nebraska Service Center P.O. Box 87485 Lincoln, NE 68501-7485	Afghan and Iraqi Translators/Interpreters, or Iraqi and Afghan Employees Who Worked for or on Behalf of the U.S. Government (Part 2, Box "k" or "l" or “m” on the form) must file Form I-360 at the USCIS Nebraska Service Center, regardless of where you live. You cannot file it at the same time as Form I-485. USCIS Nebraska Service Center USCIS Nebraska Service Center P.O. Box 87485 Lincoln, NE 68501-7485
Page 10 What Is the Filing Fee?	What Is the Filing Fee? The filing fee for Form I-360 is $375, except there is no fee if filing for an Amerasian, a Special Immigrant Juvenile, as a self-petitioning battered or abused spouse or child of a U.S. citizen or lawful permanent resident, or Iraqi national who worked for or on behalf of the U.S. Government in Iraq.	What Is the Filing Fee? The filing fee for Form I-360 is $375, except there is no fee if filing for an Amerasian; a Special Immigrant Juvenile; as a self-petitioning battered or abused spouse or child of a U.S. citizen or lawful permanent resident; an Iraqi national who worked for or on behalf of the U.S. Government in Iraq; or an Afghan national who worked for or on behalf of the U.S. Government in Afghanistan.

Page 7 Where to File	If you live outside the U.S. and are self-petitioning, you may file Form I-360 at the USCIS office or U.S. Embassy or consulate that has jurisdiction over the area where you live. The Form I-485 cannot be filed concurrently with Form I-360 if you live outside of the U.S.	If you live outside the U.S. and are self-petitioning, you may file Form I-360 at the USCIS office or U.S. Embassy or consulate that has jurisdiction over the area where you live. The Form I-485 cannot be filed with Form I-360 if you live outside of the U.S.
Page 8 Where to File		Please remove the term concurrently in all place on page 8 1. Paragraph 1, Self-Petitioning Battered or Abused Spouse: Revise last sentence of paragraph to read: “In some cases you may file it with Form I-485.” 2. NOTE: Revise 1st sentence to read: “You may file Form I-485 with Form I-360 if the abusive spouse or parent is a U.S. citizen.” 3. Paragraph 3, Afghan and Iraqi Translators/Interpreters: Remove the word “concurrently” from the last sentence, so it reads: “You cannot file it with Form I-485.” In addition, if we are asking an applicant to check box “m”, we should be telling them what to write in the line next to the box. Please edit the instruction to include guidance on what an applicant checking this box should write on the line for this classification. (This helps in the processing.) 4. Paragraph 6, Chicago Lockbox, Widow or Widower: Revise the first sentence to read: “Widow or Widower (Part 2, Box “b” on form) filed with Form I-485. 5. Paragraph 7, Special Immigrant Juvenile (Part 2, Box “c” on the form): Revise the first sentence to read: “You may file alone or with Form I-485.” 6. Paragarph 10, If you are filing the Form I-360 for any other reason, …1. Religious Workers (Part 2, Box “d” on the form): Revise the first sentence to read: “…must file Form I-360 alone or with a Form I-485.” 7. Paragraph 11, Panama Canal Company Employment (Part 2, Box “e” on the form) Revise the first sentence to read: “… must not file Form I-360 with a Form I-485.” 8. Paragraph 12, Canal Zone Government Employment…: Revise the first sentence to read: “… must not file form I-360 with a Form I-485.” 9. Paragraph 13, Special Immigrant Physician…: Revise the first sentence to read: “…must not file Form I-360 with a Form I-485.” 10. Paragraph 14, Special Immigrant Organization Employee or Family Member: Revise first sentence to read: “…must file Form I-360 alone or with a Form I-485.” 11. Paragraph 15, International Broadcasters: Revise the first sentence to read: “…must not file Form I-360 with a Form I-485.”