---
kind: "section"
citation: "8 C.F.R. § 204.314"
title: "8"
number: "204.314"
heading: "Appeal."
url: "https://uscodex.org/cfr/8/204.314"
---

# §204.314. Appeal.

- (a) **Decisions that may be appealed.**
  - (1) **Except as provided in paragraph (b) of this section—**
    - (i) 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
    - (ii) A petitioner may appeal the denial of a Form I-800.
  - (2) The provisions of [8 CFR 103.3](/cfr/8/103.3.md), concerning how to file an appeal, and how USCIS adjudicates an appeal, apply to the appeal of a decision under this subpart C.
- (b) **Decisions that may not be appealed.** There is no appeal from the denial of:
  - (1) Form I-800A because the Form I-800A was filed during any period during which [8 CFR 204.307(c)](/cfr/8/204.307.md?p=c) bars the filing of a Form I-800A; or
  - (2) Form I-800A for failure to timely file a home study as required by [8 CFR 204.310(a)(3)(viii)](/cfr/8/204.310.md?p=a-3-viii); or
  - (3) Form I-800 that is denied because the Form I-800 was filed during any period during which [8 CFR 204.307(c)](/cfr/8/204.307.md?p=c) bars the filing of a Form I-800;
  - (4) 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

### 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.