8 CFR §204.314

1. (a)Decisions that may be appealed.
   1. (1)Except as provided in paragraph (b) of this section:
      1. (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
      2. (ii)A petitioner may appeal the denial of a Form I-800.
   2. (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.
2. (b)Decisions that may not be appealed. There is no appeal from the denial of:
   1. (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. (2)Form I-800A for failure to timely file a home study as required by 8 CFR 204.310(a)(3)(viii); or
   3. (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. (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.