8 CFR 103.3 - Denials, appeals, and precedent decisions

Cite as8 CFR 103.3
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243 practice notes
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...nonimmigrant status, the petitioner may appeal to USCIS's Administrative Appeals Office (AAO) under established procedures outlined in 8 CFR 103.3. Id. a. Granting U Nonimmigrant If USCIS finds that the petitioner has satisfied the requirements for U nonimmigrant status, it will grant U non......
  • Part IV
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...nonimmigrant status, the petitioner may appeal to USCIS's Administrative Appeals Office (AAO) under established procedures outlined in 8 CFR 103.3. Id. a. Granting U Nonimmigrant If USCIS finds that the petitioner has satisfied the requirements for U nonimmigrant status, it will grant U non......
  • Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives
    • United States
    • Federal Register January 03, 2013
    • January 3, 2013
    ...and his or her attorney or accredited representative and will advise the applicant of appeal procedures, if any, in accordance with 8 CFR 103.3. The denial of a provisional unlawful presence waiver is governed by 8 CFR (4) Validity. (i) A provisional unlawful presence waiver granted accordi......
  • Immigration: Intercountry adoptions by U.S. citizens; citizenship classification of alien children under Hague Convention,
    • United States
    • Federal Register October 04, 2007
    • October 4, 2007
    ...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 (b) Decisions th......
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212 cases
  • Rahman v. Napolitano, Case No. C09–1269 RSM.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • December 9, 2011
    ...“The [AAO] is the appellate body which considers cases under the appellate jurisdiction of the Associate Commissioner, Examinations.” 8 C.F.R. § 103.3(a)(1)(iv). “Decisions under the appellate jurisdiction of the Associate Commissioner, Examinations, are listed in § 103.1(f)[ (3) ] of [8 C.......
  • Avitan v. Holder, Case No. C-10-03288 JCS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • February 8, 2011
    ...to the petitioner and to provide petitioner with a basis for any denial in writing and an opportunity to appeal the decision. See 8 C.F.R. § 103.3(a)(1)(i). USCIS fulfilled its duty relative to the I-130 petitions by considering evidence submitted by petitioner and Plaintiff, interviewing p......
  • Kompella v. United States Citizenship & Immigration Servs., CV-20-00190-PHX-DJH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • August 31, 2021
    ...2020, USCIS, on its own review, opted to treat the untimely appeal of the January 4, 2018, I-140 Revocation as motion to reopen under 8 C.F.R. §103.3(a)(2)(v)(B)(2).[4] (AR, Doc. 47-1 at 49). On the same date, after a “complete review of the record of proceedings, ” the USCIS found that Mr.......
  • Residential Fin. Corp. v. U.S. Citizenship & Immigration Servs., Case No. 2:12–cv–00008.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • March 12, 2012
    ...n. 3 (S.D.N.Y.2006) (holding that “the petitioner ... is the only party with standing to seek review of the petition's denial”). Cf.8 C.F.R. § 103.3(a)(1)(iii)(B) (providing that in an administrative appeal, the affected party “does not include the beneficiary of a visa petition”). Plaintif......
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1 firm's commentaries
1 books & journal articles
  • Coming to America: how restrictive and arbitrary immigration laws burden the artistic community.
    • United States
    • Faulkner Law Review Vol. 4 Nbr. 1, September 2012
    • September 22, 2012
    ...Painter Case, supra note 100, at *8. (130) Id. (131) Id. (132) AnnaBoch.com,http://www.annaboch.com/the-red-vineyard-htm. (133) Id. (134) 8 C.F.R. 103.3 (2011). (135) Nassi, supra note 1, at 129. (136) Kimberly S. Miloch, Coming to America: Immigration and the Professional Athlete, 13 J. LE......

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