SPECIAL IMMIGRANTS
INSTRUCTIONS
A Special Immigrant includes:
Member of a religious denomination having a bona fide nonprofit, religious organization in the United States
**An immigrant, and the immigrant’s spouse and children if accompanying or following to join the immigrant, who-
–for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States;
–seeks to enter the United States-
–solely for the purpose of carrying on the vocation of a minister of that religious denomination,
–before October 1, 2003, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or
–before October 1, 2003, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986) at the request of the organization in a religious vocation or occupation; and
–has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (I);
Employee of the U.S. Government
** An immigrant who is an employee, or an honorably retired former employee, of the United States Government abroad, or of the American Institute in Taiwan, and who has performed faithful service for a total of fifteen years, or more, and his accompanying spouse and children: Provided, That the principal officer of a Foreign Service establishment (or, in the case of the American Institute in Taiwan, the Director thereof), in his discretion, shall have recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status;
Employee of the Panama Canal Company or Canal Zone Government
** An immigrant, and his accompanying spouse and children, who is or has been an employee of the Panama Canal Company or Canal Zone Government before the date on which the Panama Canal Treaty of 1977 (as described in section 3 (a)(1) of the Panama Canal Act of 1979) enters into force, who was resident in the Canal Zone on the effective date of the exchange of instruments of ratification of such Treaty, and who has performed faithful service as such an employee for one year or more;
** An immigrant, and his accompanying spouse and children, who is a Panamanian national and
Panama Canal Zone Employees
–who, before the date on which such Panama Canal Treaty of 1977 enters into force, has been honorably retired from United States Government employment in the Canal Zone with a total of 15 years or more of faithful service, or
–who on the date on which such Treaty enters into force, has been employed by the United States Government in the Canal Zone with a total of 15 years or more of faithful service and who subsequently is honorably retired from such employment or continues to be employed by the United States Government in an area of the former Canal Zone;
Panama Canal Zone and Panama Canal Company Employees
** An immigrant, and his accompanying spouse and children, who was an employee of the Panama Canal Company or Canal Zone government on the effective date of the exchange of instruments of ratification of such Panama Canal Treaty of 1977, who has performed faithful service for five years or more as such an employee, and whose personal safety, or the personal safety of whose spouse or children, as a direct result of such Treaty, is reasonably placed in danger because of the special nature of any of that employment;
Certain Physicians
** An immigrant, and his accompanying spouse and children, who-
–has graduated from a medical school or has qualified to practice medicine in a foreign state,
–was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date,
–entered the United States as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) before January 10, 1978, and
–has been continuously present in the United States in the practice or study of medicine since the date of such entry;
Certain International Organization Employees
** An immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least seven years between the ages of five and 21 years, and (II) applies for a visa or adjustment of status under this subparagraph no later than his twenty- fifth birthday or six months after the date of the enactment of the Immigration Technical Corrections Act of 1988, whichever is later;
Certain Surving Spouses of Certain Internationl Organization Employees
** An immigrant who is the surviving spouse of a deceased officer or employee of such an international organization, and who
–while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the death of such officer or employee, and
–files a petition for status under this subparagraph no later than six months after the date of such death or six months after the date of the enactment of the Immigration Technical Corrections Act of 1988, whichever is later;
–an immigrant who is a retired officer or employee of such an international organization, and who
–while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the officer or employee’s retirement from any such international organization, and
–files a petition for status under this subparagraph no later than six months after the date of such retirement or six months after the date of enactment of the Immigration and Nationality Technical Corrections Act of 1994, whichever is later; or
– an immigrant who is the spouse of a retired officer or employee accorded the status of special immigrant under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate family;
Juvenile Court Dependents
**An immigrant who is present in the United States–
–who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has been deemed eligible by that court for long-term foster care due to abuse, neglect, or abandonment;
– for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; and
–in whose case the Attorney General expressly consents to the dependency order serving as a precondition to the grant of special immigrant juvenile status; except
that–
–no juvenile court has jurisdiction to determine the custody status or placement of an alien in the actual or constructive custody of the Attorney General unless the Attorney General specifically consents to such jurisdiction; and
–no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act;
Certain Members of the Armed Forces
** An immigrant who has served honorably on active duty in the Armed Forces of the United States after October 15, 1978, and after original lawful enlistment outside the United States (under a treaty or agreement in effect on the date of the enactment of this subparagraph) for a period or periods aggregating-
–12 years and who, if separated from such service, was never separated except under honorable conditions, or
–6 years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this subparagraph and who has reenlisted to incur a total active duty service obligation of at least 12 years, and the spouse or child of any such immigrant if accompanying or following to join the immigrant, but only if the executive department under which the immigrant serves or served recommends the granting of special immigrant status to the immigrant;
** An immigrant who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause– <
–to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty Organization (NATO);
– to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO-6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the `Protocol on the Status of International Military Headquarters’ set up pursuant to the North Atlantic Treaty, or as a dependent); and
to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of 1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998
** Subject to the numerical limitations of section 203(b)(4), an immigrant who seeks to enter the United States to work as a broadcaster in the United States for the International Broadcasting Bureau of the Broadcasting Board of Governors, or for a grantee of the Broadcasting Board of Governors, and the immigrant’s accompanying spouse and children.
Special Immigrant Religious Worker.
Any person, including the alien, may file this petition for an alien who for the
past two (2) years has been a member of a religious
denomination which has a bona fide nonprofit, religious
organization in the U.S.; and who has been carrying on the
vocation, professional work, or other work described
below, continuously for the past two (2) years; and seeks
to enter the U.S. to work solely:
as a minister of that denomination; or .
in a professional capacity in a religious vocation or
occupation for that organization; or
in a religious vocation or occupation for the
organization or its nonprofit affiliate. (NOTE: A petition for a special immigrant for a person who is not a minister may only be filed until October 1, 2000. )
evidence establishing that the religious organization,
and any affiliate which will employ the person, is a
bona fide nonprofit religious organization in the U.S.
and is exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986.
a letter from the authorized official of the religious
organization attesting to the alien’s membership in the
religious denomination and explaining, in detail, the
person’s religious work and all employment during the
past two (2) years and the proposed employment; and
The petition must be filed with:
a letter from the authorized official of the religious
organization establishing that the proposed services
and alien qualify as above;
Special immigrant based on employment with the
Panama Canal Company, Canal Zone Government or U.S.
government in the Canal Zone.
Any person may file this
petition for an alien who, at the time the Panama Canal
Treaty of 1977 entered into force, either:
was resident in the Canal Zone and had been
employed by the Panama Canal Company or Canal
Zone Government for at least one (1) year, or
was a Panamanian national and either honorably
retired from U.S. Government employment in the
Canal Zone with a total of 15 or more years of faithful
service or so employed for 15 years and since
honorably retired; or
was an employee of the Panama Canal Company or
Canal Zone government, had performed faithful
service for five (5) years or more as an employee, and
whose personal safety, or the personal safety of
his/her spouse or child, is in danger as a direct result
of the special nature of his/her employment and as a
direct result of the Treaty.
The petition must be filed with:
a letter from the Panama Canal Company, Canal Zone
government or U.S. government agency employing
the person in the Canal Zone, indicating the length
and circumstances of employment and any retirement
or termination; and
copies of evidence to establish any claim of danger
to personal safety.
Special Immigrant Physician.
Any person may file this
petition for an alien who:
graduated from a medical school or qualified to
practice medicine in a foreign state;
was fully and permanently licensed to practice
medicine in a State of the U.S. on January 9, 1978,
and was practicing medicine in a State on that date;
entered the U.S. as an “H” or “J” nonimmigrant
before January 9, 1978; and
has been continuously present in the U.S. and
continuously engaged in the practice or study of
medicine since the date of such entry.
The petition must be filed with:
letters from the person’s employers, detailing his/her
employment since January 8, 1978, including the
current employment; and
copies of relevant documents that demonstrate that
the person filed for meets all the above criteria.
Special Immigrant International Organization Employee or
family member.
Certain long-term “G” and “N”
nonimmigrant employees of a qualifying international
organization entitled to enjoy privileges, exemptions and
immunities under the International Organizations
Immunities Act, and certain relatives of such an employee,
may be eligible to apply for classification as a Special
Immigrant. To determine eligibility, contact the qualifying
international organization or your local INS office.
The petition must be filed with:
a letter from the international organization
demonstrating that it is a qualifying organization and
explaining the circumstances of qualifying employment
and the immigration status held by the person the
petition is for, and
copies of evidence documenting the relationship
between the person this petition is for and the
employee.
Armed Forces Member.
You may file this petition for
yourself, if:
you have served honorably on active duty in the Armed
Forces of the United States after October 15, 1978;
six years, are now on active duty, and have
reenlisted to incur a total active duty service
obligation of at least 12 years;
you originally lawfully enlisted outside the United
States under a treaty or agreement in effect on
October 1, 1991, for a period or periods aggregating:
twelve (12) years, and were never separated from
such service except under honorable conditions; or
you are a national of an independent state which
maintains a treaty or agreement allowing nationals of
that state to enlist in the United States Armed Forces
each year;
andcertified proof issued by the authorizing official of the
executive department in which you are serving or have
served which certifies that you have the required
honorable active duty service and/or commitment;
and your birth certificate.
the executive department under which you have
served or are serving has recommended you for this
The petition must be filed with: .
General Filing Instructions.
If you are filing for a Special Immigrant Juvenile, file the
petition at the local INS office having jurisdiction over the
place he/she lives.
Where to File.
File this petition at an INS Service Center, as follows:
If this petition is for an Amerasian, a Widow/Widower, or
a Special Immigrant Armed Forces member, and that
person lives outside the United States, you may file this
petition at the INS office overseas or the U.S. consulate
or embassy abroad having jurisdiction over the area in
which he or she lives.
If you live in Connecticut, Delaware, District of
Columbia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Puerto
Rico, Rhode Island, Vermont, Virgin Islands, Virginia, or
West Virginia, mail this petition to
USINS, Vermont
Service Center,
75 Lower Welden Street, St. Albans, VT
05479-0001.
If you live in Alabama, Arkansas, Florida, Georgia,
Kentucky, Louisiana, Mississippi, New Mexico, North
Carolina, Oklahoma, South Carolina, Tennessee, or Texas,
mail this petition to USINS, Texas Service Center, P.O.
Box 152122, Dept A, Irving, TX 75015-2122.
If you live in Arizona, California, Guam, Hawaii, or
Nevada, mail this petition to
USINS, California ServiceCenter,
P.O. Box 10360,
Laguna Niguel, CA 92607-0360
If you live elsewhere in the U.S., mail this petition to
USINS, Nebraska Service Center, 850 S Street, Lincoln,
NE 68501-2521
Processing Information.
Initial processing.
Once the petition has been accepted, it
will be checked for completeness, including submission of
the required initial evidence. If you do not completely fill
out the form, or file it without required initial evidence,
you will not establish a basis for eligibility and we may
deny your petition.
NOTE: A self-petitioning battered or abused spouse or
child of a U.S. citizen or lawful permanent resident may
submit any relevant credible evidence in place of the
suggested evidence.
Requests for additional information or interview. We may
request additional information or evidence or we may
request that you appear at an INS office for an interview.
Decision. If you establish that the person this petition is
for is eligible for the requested classification, we will
approve the petition. We will send it to the U.S.
Embassy/Consulate for visa issuance unless he or she is in
the U.S. and appears eligible and intends to apply for
adjustment to permanent resident status while here. If you
do not establish eligibility, we will deny the petition. We
will notify you in writing of our decision.