dismissed EB-3 Case: Unknown

PUUL~C: COPY 
U.S. Department of Homeland Security 
20 Mass, N. W. Rm. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
Sb 
fj 263(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 9 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 
Page 2 
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. 4 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days of after service of the unfavorable decision. If the decision was 
mailed, the appeal must be filed within 33 days. See 8 C.F.R. 4 103.5a(b). 
The record indicates that the director issued the decision on August 8, 2004. The director properly gave 
notice to the petitioner that it had 33 days to file the appeal. Although counsel dated the appeal September 9, 
2005, Citizenship and Immigration Services (CIS) received the appeal on September 12, 2004, 36 days after 
the decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. 4 103.3(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 rejected.