dismissed L-1A

dismissed L-1A Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was dismissed on procedural grounds, as the decision was a rejection rather than a denial on merits. The AAO determined it lacked jurisdiction because federal regulations, specifically 8 C.F.R. § 214.1(c)(5), explicitly state that there is no appeal from the denial of an application for extension of stay filed on Form I-539.

Criteria Discussed

8 C.F.R. § 214.1(C)(5) - No Appeal For Extension Of Stay Denial 8 C.F.R. § 214.2(L)(15)(Ii) - Dependent Status For L-1 Family

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PUBLICcopy
identifying data deleted to
prevent clearly unwarr~ted
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U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
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File: SRC 06 12051945 Office: TEXAS SERVICE CENTER Date: APR 0 52007
IN RE: Applicants:
Application: Application to Extend Status as Spouse or Child of a Nonimmigrant Worker Pursuant to
8 C.F.R. § 214.2(l)(15)(ii)
ON 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¥'~nn, Chief
Administrative Appeals Office
www.uscis.gov
SRC 06 12051945
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 nonimmigrant spouse and
minor children of an L-l intracompany transferee pursuant to 8 C.F.R. § 214.2(l)(l5)(ii). On June 14, 2006,
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 1-290B in an attempt to appeal the decision of the
director. On appeal, counsel asserts 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-IA classification.
It is noted that 8 C.F.R. § 214.1(c)(5) states that there is no appeal from the denial of an application for
extension of stay filed on Form 1-129 or Form 1-539. Accordingly, the applicants' appeal must be rejected.
ORDER: The appeal is rejected.
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