Current through September 30, 2024
(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 , 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) 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); 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) 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.