8 CFR § 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.