Who is eligible to file Form I-360?
Form I-360, also known as the “Petition for Amerasian, Widow(er), or Special Immigrant,” is a petition filed with the United States Citizenship and Immigration Services (USCIS) to seek certain special immigrant benefits. Eligibility for filing Form I-360 varies depending on the specific immigrant category. Here are the main categories of eligibility:
- Amerasian Child of a U.S. Citizen: This category applies to individuals who are the children of a U.S. citizen and were born in certain countries in Asia, particularly those who were fathered by a U.S. servicemember during the Vietnam War era.
- Widow(er) of a U.S. Citizen: If an immigrant spouse was married to a U.S. citizen at the time of the citizen’s death, the widow(er) may be eligible to file Form I-360 within two years of the citizen’s death.
- Abused Spouse or Child of a U.S. Citizen or Permanent Resident: This category is for spouses or children who have suffered abuse by a U.S. citizen or permanent resident spouse or parent. Victims of domestic violence may be eligible for special immigrant benefits if they meet certain criteria.
- Abused Spouse or Child of a Special Immigrant Visa (SIV) Holder: Similarly, spouses and children of special immigrant visa holders who have suffered abuse may be eligible for special immigrant benefits under this category.
- Afghan or Iraqi Translator: Translators who worked for the U.S. government in Afghanistan or Iraq, often as part of U.S. military operations, may be eligible for special immigrant status if they meet specific requirements.
- Afghan or Iraqi National Employed by or on Behalf of the U.S. Government: This category applies to Afghan or Iraqi nationals who were employed by or on behalf of the U.S. government in Afghanistan or Iraq and have experienced threats or harm as a result.
- Broadcasters: Certain broadcasters who have worked for U.S.-funded organizations or services and have been targeted due to their work may be eligible for special immigrant benefits.
- International Organization Employees: Employees of specific international organizations who have been stationed abroad in the U.S. interest for a certain period may be eligible for special immigrant benefits.
- Physician National Interest Waiver: Physicians who are willing to work in underserved areas in the U.S. and meet specific requirements may be eligible for special immigrant benefits through a National Interest Waiver.
- Certain Religious Workers: Certain religious workers, including ministers and other religious workers, may be eligible for special immigrant benefits if they meet the necessary criteria.
Each category has its own set of eligibility criteria, application requirements, and documentation that must be submitted with Form I-360. It’s important to carefully review the USCIS instructions and guidelines for each category to determine if you or someone you know is eligible to file Form I-360 under a specific category.
Are physicians eligible to apply under a different category than Form I-360?
Yes, physicians who wish to immigrate to the United States may have additional pathways besides the Physician National Interest Waiver category under Form I-360. The Physician National Interest Waiver (NIW) category is a specific route for physicians to obtain a green card by demonstrating that their work would be in the “national interest” of the United States. However, there are other immigrant visa categories that physicians can explore based on their qualifications and circumstances. Here are a few possibilities:
- Employment-Based Immigrant Visas (EB Visas): Physicians with exceptional skills, expertise, or advanced degrees in their medical field may be eligible for EB-2 or EB-3 immigrant visas, which are employment-based categories. The EB-2 category may require a labor certification (PERM) process, while the EB-3 category may also require a job offer from a U.S. employer.
- Family-Sponsored Immigrant Visas: If a physician has a close family member who is a U.S. citizen or green card holder, they may be eligible to immigrate to the U.S. through a family-sponsored immigrant visa category. The specific family relationship will determine the appropriate category.
- National Interest Waiver (NIW) for Other Professions: While the Physician NIW is a well-known category, the concept of a National Interest Waiver can also apply to professionals in other fields if they can demonstrate their work is in the national interest of the U.S.
- DV Lottery (Diversity Visa): Physicians from eligible countries can participate in the Diversity Visa Lottery, also known as the Green Card Lottery. If selected, they can apply for a green card and immigrate to the U.S.
- O-1 Visa for Extraordinary Ability: Physicians who have achieved a high level of recognition and accomplishment in their field may be eligible for an O-1 visa, which is for individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics.
- J-1 Visa Waiver: Physicians who are on J-1 exchange visitor visas and are subject to the home residency requirement may apply for a J-1 Visa Waiver to stay in the U.S. This often involves a commitment to work in medically underserved areas.
It’s important to consult with an immigration attorney or expert to determine the best immigration pathway based on your specific qualifications, goals, and circumstances. The appropriate route will depend on factors such as the physician’s specialization, level of expertise, available job opportunities, family relationships, and more.
