Not all pathways to permanent residency in the United States go through the most well-known visas. Among the long list of immigration procedures, there is a little-known form that can be crucial for certain migrants, including some Cubans.
It is about the I-360 Form, a petition reserved for specific cases that can initiate the process towards the green card and employment authorization.
The I-360 Form from the U.S. Citizenship and Immigration Services (USCIS) opens the door to permanent residency and work permits without the need for a visa stamped in the passport, but only for very specific immigration categories.
This procedure -officially known as the Petition for Amerasian, Widow(er), or Special Immigrant-— is the first mandatory step in a broader process.
The essential point: the I-360 alone does not grant residency or employment authorization.
As clarified by USCIS, it is the mandatory process to begin that journey, but it requires additional steps.
Once approved, the applicant must submit Form I-485 to adjust their status and Form I-765 to obtain a work permit.
Who can apply for Form I-360?
Only individuals who fit into specific categories defined by the immigration agency can present it. The main ones are:
- Amerasians born between December 31, 1950, and October 23, 1982.
- Widowers or widows of U.S. citizens, with a two-year period from the spouse's death.
- Self-petitioners under the Violence Against Women Act (VAWA): spouses, children, or parents who are victims of abuse by a citizen or permanent resident.
- Religious workers.
- Special Immigrant Juveniles (SIJ), who must submit the petition before turning 21 years old.
- Members of the U.S. Armed Forces.
- Afghan and Iraqi translators or collaborators of the U.S. government.
A clarification for widows and widowers: since 2009, the law has removed the requirement that the marriage must have lasted at least two years to qualify. The two-year period now refers to the time available to submit the petition after the death.
Those who enter into new marriages before completing the process lose their eligibility.
Special protection for victims of domestic violence
The VAWA category is one of the most significant.
The federal law allows victims of abuse to initiate the process completely independently: according to USCIS, the petition can be submitted "without the knowledge or consent of the abusive family member."
This avenue is available for spouses or former spouses of abusive citizens or permanent residents, children of those citizens or residents, and parents of a citizen child over 21 years old who is the aggressor.
Additional advantage: beneficiaries of VAWA and minor SIJ are exempt from the new public charge assessment that comes into effect in September 2026, protecting them from one of the most restrictive immigration changes of the year.
Minor Special Immigrants: Critical Deadlines
For minors classified as SIJ, timing is crucial. The petition must be submitted before the 21st birthday, and the minor must be physically present in the U.S. and be unmarried.
If there is a risk of not arriving on time, USCIS allows for the I-360 to be submitted in person at a local office within the two weeks prior to the 21st birthday.
To request that urgent appointment, you need to call 800-375-5283.
Costs and Next Steps
The general fee for submitting the I-360 is $515, but it is completely free for VAWA applicants, SIJ minors, and Amerasians.
The rates are final and non-refundable.
Once the I-360 is approved, the process continues with the verification of visa availability in the Department of State's Visa Bulletin and the submission of the I-485 Form to adjust status, if the individual is currently in the U.S.
For the Cuban community, the I-360 can be especially relevant in cases of domestic violence, minors in vulnerable situations, or widowers of U.S. citizens, although the primary pathway to residency remains the .
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