§204.314. Appeal.
8 C.F.R. § 204.314
Decisions that may be appealed.
Except as provided in paragraph (b) of this section—
An applicant may appeal the denial of a Form I-800A (including the denial of a request to extend the prior approval of a Form I-800A) and
A petitioner may appeal the denial of a Form I-800.
The provisions of 8 CFR 103.3, concerning how to file an appeal, and how USCIS adjudicates an appeal, apply to the appeal of a decision under this subpart C.
Decisions that may not be appealed. There is no appeal from the denial of:
Form I-800A because the Form I-800A was filed during any period during which 8 CFR 204.307(c) bars the filing of a Form I-800A; or
Form I-800A for failure to timely file a home study as required by 8 CFR 204.310(a)(3)(viii); or
Form I-800 that is denied because the Form I-800 was filed during any period during which 8 CFR 204.307(c) bars the filing of a Form I-800;
Form I-800 filed either before USCIS approved a Form I-800A or after the expiration of the approval of a Form I-800A.
Notes, amendments, and revision history
Source
Source: 72 FR 56854, Oct. 4, 2007, unless otherwise noted.
Authority
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255, 1324a, 1641; 8 CFR part 2.