[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR204.314]

[Page 149]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 204_IMMIGRANT PETITIONS--Table of Contents
 
         Subpart C_Intercountry Adoption of a Convention Adoptee
 
Sec. 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.