8 CFR § 204.314 - Appeal.

---
identifier: "/us/cfr/t8/s204.314"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 204.314 - Appeal."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "204.314"
section_name: "Appeal."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "204"
part_name: "IMMIGRANT PETITIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255, 1324a, 1641; 8 CFR part 2."
cfr_part: "204"
---


# 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.