dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was dismissed on procedural grounds. The applicants sought to appeal the denial of a Form I-539 application for extension of stay, but federal regulations explicitly state that there is no right of appeal for such a denial.
Criteria Discussed
8 C.F.R. ยง 214.1(C)(5) (No Appeal From I-539 Denial)
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U.S. Department of Homeland Securitv 20 Massachusetts Ave., N W., Rm. A3042 Washlngton. DC 20529 U.S. Citizenship and Immigration t-"-.+, '"*-""r, File: SRC 02 090 52592 Office: TEXAS SERVICE CENTER Date: 4181 9 5 22005 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. 1 101 (a)(15)(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. I rt P. Wiemann, Director Administrative Appeals Office SRC 02 090 52592 Page 2 DISCUSSION: The Director, Texas Service Center, denied the application for an extension of nonimmigrant 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 nonirnmigrant spouse and minor children of an intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1101(a)(15)(L). On May 30, 2002, 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. 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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