An appeal from USCIS' denial of an I-360 Special Immigrant Petition for a widow/widower of a USC should be forwarded to which entity?

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The correct entity to which an appeal from USCIS' denial of an I-360 Special Immigrant Petition for a widow or widower of a U.S. citizen should be forwarded is the Board of Immigration Appeals (BIA). The BIA serves as the highest administrative body for interpreting and applying immigration laws. Its primary role is to review appeals from decisions made by immigration judges and some decisions made by USCIS, thus making it the appropriate authority to handle appeals related to denied petitions, including those for special immigrants.

In the context of the I-360 petitions specifically for widows or widowers, it's important to note that these cases involve unique considerations under immigration law, and the BIA is equipped to interpret these complexities. This ensures that applicants have a fair opportunity for their appeals to be considered by a body skilled in immigration issues.

While the Administrative Appeals Office (AAO) also reviews certain types of immigration decisions made by USCIS, it does not typically handle appeals specifically related to I-360 petitions for widows and widowers of U.S. citizens. Similarly, the USCIS Office of the Chief Counsel (OCC) primarily provides legal counsel and does not handle appeals. USCIS Headquarters is responsible for overseeing operations but does not directly

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