dismissed
L-1A
dismissed L-1A Case: Not Specified
Decision Summary
The appeal was rejected on procedural grounds, not on its merits. The AAO determined that the appeal was improperly filed on behalf of the beneficiary, who does not have legal standing to file an appeal for a visa petition. Only the petitioner, as the 'affected party,' has the standing to appeal a denial.
Criteria Discussed
Legal Standing To Appeal Beneficiary As Affected Party Proper Filing Of Appeal
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration File: WAC 04 068 50881 Office: CALIFORNIA SERVICE CENTER Date: DEC 1 2085 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 1 101 (a)(15)(L) IN 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. d/" Robert P. Wiemann, Director fAdministrative Appeals Office WAC 04 068 50881 Page 2 DISCUSSION: The Director, California Service Center, denied the nonirnmigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 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 of service of the unfavorable decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 5 103.5a(b). In accordance with 8 C.F.R. 9 103.2(a)(7)(i), an application received in a Citizenship and Immigration Services (CIS) office shall be stamped to show the time and date of actual receipt, if it is properly signed, executed, and accompanied by the correct fee. In accordance with 8 C.F.R tj 103.3(a)(l)(iii)(B), "affected party" means (in addition to the Service) the person or entity with legal standing in a proceeding. It dpes not include the beneficiary of a visa petition. In this matter the record contains a Form I-290B signed by an attorney whose Form G-28, Notice of Entry as Appearance Attorney or Representative, does not indicate that he is representing the petitioner. In addition, the April 7, 2004 letter attached to the Form I-290B indicates that "[tlhis appeal is filed on behalf of [the beneficiary], the respondent." Inasmuch as neither the beneficiary nor his representative has standing to file an appeal in this matter, the appeal must be rejected. ORDER: The appeal is rejected.
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