dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was rejected because the applicants sought to appeal the denial of a Form I-539, an application for extension of stay. Federal regulations explicitly state that there is no appeal from the denial of a Form I-539. Therefore, the AAO lacked jurisdiction to review the case.
Criteria Discussed
Jurisdiction To Appeal 8 C.F.R. ยง 214.1(C)(5)
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3042 Washington, DC 20529 &h U.S. Citizenship ) and ~mmi~ratbn Services File: SRC 04 059 5 1337 Office: TEXAS SERVICE CENTER Date: Application: Application to Extend Status as Spouse or Child of a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 1 lOl(aj(l5)(L) IN BEHALF OF APPLICANTS: 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, ~irecfor drninistrative Appeals Office SRC 04 059 5 1337 Page 2 DISCUSSION: The Director, Texas Service Center, denied the application for an extension of nonimrnigrant status. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. The applicants filed the application seeking to extend their period of stay as the nonimrnigrant spouse and minor child of an intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. $ 1 101(a)(15)(L). On February 5, 2004, the director notified the principal applicant of the denial of her application for extension of stay filed on Form 1-539, as the applicant's spouse's nonimmigrant petition had been denied on that date. The principal applicant, through counsel, filed a Form I-290B in an attempt to appeal the decision of the director. On appeal, counsel submits a brief asserting that the application should have been approved, as the record sufficiently demonstrates that the applicant's spouse is qualified for the extension of status sought in L-1 A classification. It is noted that 8 C.F.R. 5 214.1(~)(5) states that there is no appeal from the denial of an application for extension of stay filed on Form 1-539. Accordingly, the applicants' appeal must be rejected. ORDER: The appeal is rejected.
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