dismissed EB-3 Case: Not Specified

Mrjring data delebad to 
pvat clearly unwarranted t 
invasion of pasod privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 8 1153(b)(3) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Vermont Service Center, denied the immigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely 
filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 
 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days after service of the unfavorable decision with the office where 
the unfavorable decision was made. If the decision was mailed, the appeal must be filed within 33 days. See 8 
C.F.R. 5 103.5a(b). 
The record indicates that the director issued the decision on March 29, 2005. The director properly gave 
notice to the petitioner that it had 33 days to file the appeal. The petitioner initially attempted to file the 
appeal on April 29, 2005. The appeal, however, was rejected and returned to the petitioner on May 3, 2005 
based on failure to properly sign the appeal form in accordance with 8 C.F.R. 4 103.2(a)(2), which requires 
that an applicant or petitioner must sign his application or petition. The petitioner resubmitted the appeal, 
which was received and receipted on May 9, 2005, or 41 days after the decision was issued. As the appeal 
was initially submitted without signature, and subsequently resubmitted and filed on May 9, 2005, the appeal 
was untimely filed. See 8 C.F.R. 4 103.2(a)(7) (receipt date is assigned when filing is properly completed). 
The regulation at 8 C.F.R. $ 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a 
motion to reopen or a motion to reconsider, the appeal must be treated as a motion, and a decision must be 
made on the merits of the case. The official having jurisdiction over a motion is the official who made the 
last decision in the proceeding, in this case the service center director. See 8 C.F.R. $ 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is dismissed.