Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of October 02, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 8. Aliens and Nationality § 8.204.314 Appeal - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-8-aliens-and-nationality/cfr-sect-8-204-314/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)