1. (j) Withdrawing an Application .
An applicant may request in writing that his or her application be withdrawn. (An applicant must voluntarily withdraw his or her application. You may suggest withdrawal to an applicant, but must never direct him/her to do so since it takes away the applicant’s right to ask for a second hearing on the application.) A withdrawn application is automatically denied without prejudice to the adjudication of a future application. [See 8 CFR 335.10 and Chapter 74.2(c) of this manual.]
There is no standard withdrawal form. However, a withdrawal request, which must be signed by the applicant, should meet the following requirements:
• Be written
• Have the date it was written and the applicant’s A-number
• State the reasons for the withdrawal (if practical)
• Advise the applicant that the filing fee will not be refunded and that the application is denied without prejudice to any future application for naturalization
• Advise the applicant of the date when he or she can re-apply (if applicable)
• Note that the withdrawal constitutes a waiver of any review pursuant to 8 CFR 336.
Before accepting a withdrawal of an application from an applicant who does not understand English, you should attempt to confirm that the applicant understands the significance and finality of the withdrawal. This can include asking a translator or family member, when possible, to explain to the applicant, in the applicant's native language, the significance of this action. For more information see Policy Memorandum #50, located in Appendix 72-10.
If a district director (via an adjudicator) consents to a withdrawal, the application is denied without prejudice and without further notice to the applicant. This means that the first application and the associated withdrawal, should the applicant reapply, will not influence future applications. The applicant can apply at a later date, and that application will be judged on its own merits. However, there are cases where the applicant may not be able to reapply immediately after withdrawing his or her appli cation. [See 8 CFR 335.10.] For example, an applicant who is under 18 and files a naturalization application cannot refile until he or she turns 18. [See 8 CFR 316.10(3)(c).] There are other circumstances where an applicant may immediately re-file the application. If the applicant has prematurely filed the application, in certain instances he or she may be allowed to reapply immediately after withdrawing his or her application. For a more complete discussion of this specific circumstance, see Policy Memoran dum #54, dated June 29, 1999, and located in Appendix 72-11.
A district director has the authority to accept the withdrawn application. He or she usually delegates to you the authority to consent to a withdrawal. Some offices require consultation with your supervisor before a withdrawal is accepted. [See 8 CFR 335.10.]
Some offices send the applicant a follow-up letter confirming his or her withdrawal. It is a brief letter that reminds the applicant of his or her withdrawal, but does not discuss the reasons for the withdrawal. Consult your local office policy concerning giving the applicant written confirmation of the withdrawal.
A withdrawal constitutes a waiver of any type of further review of the application; as a result, the applicant gives up his or her right to file a request for a second hearing on the merits of the application. [See 8 CFR 335.10.]
If a district director (via an adjudicator) does not consent to a withdrawal, adjudicate the application for naturalization on its merits. In these cases, denying the application on its merits would be in the best interests of USCIS . If this occurs, prepare a written decision, citing the facts and basis for the denial, to be made an official part of the record.
See Appendix 72-1, NQP Section V and VI to learn in which situations NQP supervisory concurrence is necessary and what steps you will need to follow.