8 CFR 204.314 - Appeal.

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§ 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, 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.

Title 8 published on 2016-09-20

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR Part 204 after this date.

  • 2017-01-13; vol. 82 # 9 - Friday, January 13, 2017
    1. 82 FR 4738 - EB-5 Immigrant Investor Program Modernization
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      DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS
      Notice of proposed rulemaking.
      Written comments must be received on or before April 11, 2017.
      8 CFR Parts 204 and 216

Title 8 published on 2016-09-20.

The following are only the Rules published in the Federal Register after the published date of Title 8.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-11-18; vol. 81 # 223 - Friday, November 18, 2016
    1. 81 FR 82398 - Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
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      DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS
      Final rule.
      This final rule is effective January 17, 2017.
      8 CFR Parts 204, 205, 214, 245 and 274a