HELP : need to withdraw N-400 for applying too early?!

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xxhwx

Registered Users (C)
I am a fool! Welcome any advice!!

I just realized I had filed my application too early by stupidly assuming 90 days = 3 months ("thanks" to the 31-day July and August). Exactly 92 days prior to the 5th GC anniversary

So the situation is my check was cashed already and I have received my FP letter for a FP scheduled about 2 weeks from now. My question is are there ways to cancel my application besides abandoning it by not going to the FP appointment so that I can start everything all over again ASAP? Will I be able to apply again immediately after receiving a reply from the USCIS?

Thanks so much everyone.

P.S. for now I plan to write a letter to the USCIS service center to withdraw my application.
 
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From what I have read on the AFM-Adjudicator's Field Manual
The answer for your question I think is on Chapter 10, 73 or 74

1-If you abandon your application the USCIS will deny your application for the very same reason there's a proper term that USCIS uses I don’t remember it but I will post as soon as I find it again.

2-If you withdraw the application they may not tell you but they will still count as Denied application with no prejudice and you can still file as soon as you complete your 90 days. I may be wrong on this one but you can read by forself on the link below.

Get more informed before you act call them ask for an advice if you can afford also seek advice from a good immigration lawyer do something but don’t screw up.


Wave
P.S here is the term that USCIS use if the applicant don't show up for a request notice (DENIAL FOR LACK OF PROSECUTION)

Here is the Link for 'AFM" you can read by yourself
http://www.uscis.gov/portal/site/us...7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm
 
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Wavejazz1 said:
From what I have read on the AFM-Adjudicator's Field Manual
The answer for your question I think is on Chapter 10, 73 or 74

1-If you abandon your application the USCIS will deny your application for the very same reason there's a proper term that USCIS uses I don’t remember it but I will post as soon as I find it again.

2-If you withdraw the application they may not tell you but they will still count as Denied application with no prejudice and you can still file as soon as you complete your 90 days. I may be wrong on this one but you can read by forself on the link below.

Get more informed before you act call them ask for an advice if you can afford also seek advice from a good immigration lawyer do something but don’t screw up.

Here is the Link for 'AFM" you can read by yourself


Wave
P.S here is the term that USCIS use if the applicant don't show up for a request notice (DENEAL FOR LACK OF PROSECUTION)
Click to expand...

Thank you so much for your great advices!!Wavejazz1 I will try to call the customer service first thing tomorrow and probably talk to an attorney too before taking the next step. I am actually against the idea of not showing up for the biometric appointment. Again I appreciate your input!
 
Don't worry, be happy!

xxhwx said:
I am a fool! Welcome any advice!!

I just realized I had filed my application too early by stupidly assuming 90 days = 3 months ("thanks" to the 31-day July and August). Exactly 92 days prior to the 5th GC anniversary

So the situation is my check was cashed already and I have received my FP letter for a FP scheduled about 2 weeks from now. My question is are there ways to cancel my application besides abandoning it by not going to the FP appointment so that I can start everything all over again ASAP? Will I be able to apply again immediately after receiving a reply from the USCIS?

Thanks so much everyone.

P.S. for now I plan to write a letter to the USCIS service center to withdraw my application.
Click to expand...

The same error happen to me a year ago when applying for citizenship. I had send similar messages to this forum as you did. I received my citizenship with no issues.
Let me tell from my experience there is nothing to worry about it. If your check was cashed, your application was accepted.
Do NOT cancel your application. Sleep well, relax. Everything is OK. Go to fingerprint and interview appointment and send me a message once you have received your Citizenship.
 
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lookingforgreen said:
The same error happen to me a year ago when applying for citizenship. I had send similar messages as you did. I received my citizenship with no issues, whatsoever.
Let me tell for my experience there is nothing to worry about it. If your check was cashed, your application was accepted.
Do NOT cancel yor application. Sleep wee, relax. Everything is OK.
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WOW, really? Can you tell me a bit more about your experience? what did you mean by "I had send similar messages?" To this forum or the USCIS? THANKS SO MUCH!!
 
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xxhwx said:
WOW, really? Can you tell me a bit more about your experience? what did you mean by "I had send similar messages?" To this forum or the USCIS? you can pm me if you don't mind. THANKS SO MUCH!!
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I had send similar messages to this forum. Not to USCIS.
You can make a search about my posts. Iwas as worried as you are, for nothing.
I send it 93 days before, but still 3 months exactly.
 
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lookingforgreen said:
I had send similar messages to this forum. Not to USCIS.
You can make a search about my posts. Iwas as worried as you are, for nothing.
I send it 93 days before, but still 3 months exactly.
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Don't give false hopes. Others have been denied in the interview when the IO realized it was sent too early.

If you sent it 93 days before but it arrived at USCIS on day 90, yours was not too early. But if yours indeed arrived before day 90, you're just lucky the interviewer didn't notice it. xxhwx cannot expect the interviewer to make the same mistake.
 
xxhwx said:
WOW, really? Can you tell me a bit more about your experience? what did you mean by "I had send similar messages?" To this forum or the USCIS? you can email me at xxxxx@xxxxxxx if you don't mind. THANKS SO MUCH!!
Click to expand...

I suggest removing your email address from your above post, before too many spammers pick it up and start flooding you with spam.
 
Thanks for your comment, Jackolantern. For now, I will still call the USCIS customer service and a local immigration attorney for advices before doing anything else.
About the email, I have no authority to delete/modify the comment posted by others.
 
xxhwx said:
will do!!
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be careful what you wish for....lol!!! It is possible that lookingforgreen was just fortunate and had an inexperience IO who missed his ealier filing. In my opinion, you don't need a lawyer, because if you filed early and USCIS makes a determination during the interview that your filed too early, and they deny your application. What is the lawyer going to do? Force them to approved it? You just need to wait this out and hope it arrived right when you it was supposed to....or..you might be denied at the interview 3-5 months from now. With the denial, you might be forced to reapply next year again, when you are really above 5 year eligibility period.

I like your admission: "I am a fool"....not many people are willing to admit some aspect of their own shortcomings...lol!!! You made a mistake and hope it doesn't pack the bite force of a shark, which might rip your behind in 4 months......
 
lookingforgreen said:
The same error happen to me a year ago when applying for citizenship. I had send similar messages to this forum as you did. I received my citizenship with no issues.
Let me tell from my experience there is nothing to worry about it. If your check was cashed, your application was accepted.
Do NOT cancel your application. Sleep well, relax. Everything is OK. Go to fingerprint and interview appointment and send me a message once you have received your Citizenship.
Click to expand...
You're making a generalization by saying everything will be ok based solely on the outcome of your case. USCIS calculates 1 month to equal 30 days. Consider yourself lucky as others have seen their application sent back or denied for sending it in too early (90 days).
Also, just because an application has been accepted doesn't mean it won't denied.
 
Al Southner said:
be careful what you wish for....lol!!! It is possible that lookingforgreen was just fortunate and had an inexperience IO who missed his ealier filing. In my opinion, you don't need a lawyer, because if you filed early and USCIS makes a determination during the interview that your filed too early, and they deny your application. What is the lawyer going to do? Force them to approved it? You just need to wait this out and hope it arrived right when you it was supposed to....or..you might be denied at the interview 3-5 months from now. With the denial, you might be forced to reapply next year again, when you are really above 5 year eligibility period.

I like your admission: "I am a fool"....not many people are willing to admit some aspect of their own shortcomings...lol!!! You made a mistake and hope it doesn't pack the bite force of a shark, which might rip your behind in 4 months......
Click to expand...

The reason I plan to seek an attorney's advice is to find out whether there is any other option for me at this stage. I can't really afford a lawyer to handle the case for me. Neither do I know whether the folks at the USCIS customer service can actually be of any help (will know tmr). Basically I just hope I can save myself a little time by withdrawing now IF my case is most likely doomed to rejection couple months from now at interview.

I would be a bigger fool if I am too arrogant to admit it, it's a fact, at least in this case. :) I just hope I can do some damage control before the situation gets worse...

I appreciate all your inputs very much. I will keep y'all posted on this. Please remember me in your prayers if possible. Thanks.
 
BTW do you folks know if the USCIS will send you a letter in response to a withdrawal letter? If not, how will you be able to know if you are all "clean" and ready to reapply?
Appreciate any input as always.
 
You received the NOA; what is the priority date shown on it, and when is your GC anniversary? Maybe you actually were in the 90-day window and are worrying for nothing.
 
Jackolantern said:
You received the NOA; what is the priority date shown on it, and when is your GC anniversary? Maybe you actually were in the 90-day window and are worrying for nothing.
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priority date is July 21 2010, my 5th GC anniversary is 10/20/2010, so it's outside of the 90-day window...(thanks to the 31-day July and August)

And I just got off the phone with the USCIS customer service, the lady on the other end of the line told me she didn't think there is any problem with my case b/c my case would have been returned if it is not filed timely. But after I told her what I learned from this forum, she suggested me to make an infopass appointment to the local USCIS office to address my concern there. Her reason is each case is reviewed and judged differently by different offices and different agents.

Haven't talk to a lawyer yet...
 
xxhwx said:
priority date is July 21 2010, my 5th GC anniversary is 10/20/2010, so it's outside of the 90-day window...(thanks to the 31-day July and August)
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So that's 91 days, definitely outside the 90-day window.

And I just got off the phone with the USCIS customer service, the lady on the other end of the line told me she didn't think there is any problem with my case b/c my case would have been returned if it is not filed timely.
Click to expand...

Her statement assumes that the USCIS employees handling the incoming applications are perfect. They are not. Some too-early applications have slipped past the initial acceptance stage and it's the interviewer who noticed the mistake. In one case on this forum, the interviewer didn't notice the mistake and the individual was pulled out of the oath when a supervisor noticed it!

You can keep going to lawyers, Infopass, etc. until you get the answer you want to hear, but none of them can change the reality that you applied too early or guarantee that you won't be denied for applying too early.

If you don't mind wasting 3-5 months, you can go ahead and let the case progress to the end and see what happens. But the only way to guarantee that you won't be denied for applying too early is to withdraw the case.
 
Jackolantern said:
So that's 91 days, definitely outside the 90-day window.



Her statement assumes that the USCIS employees handling the incoming applications are perfect. They are not. Some too-early applications have slipped past the initial acceptance stage and it's the interviewer who noticed the mistake. In one case on this forum, the interviewer didn't notice the mistake and the individual was pulled out of the oath when a supervisor noticed it!

You can keep going to lawyers, Infopass, etc. until you get the answer you want to hear, but none of them can change the reality that you applied too early or guarantee that you won't be denied for applying too early.

If you don't mind wasting 3-5 months, you can go ahead and let the case progress to the end and see what happens. But the only way to guarantee that you won't be denied for applying too early is to withdraw the case.
Click to expand...

Thanks for your reply, Jackolantern. At this point, I don't actually expect to hear good news from infopass, lawyer etc., I just want to hear more opinions before taking the next step. None of this would happen had I be more patient, so I have to accept whatever consequences God places here. I am so thankful at least I have the option to withdraw the application now.
 
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The very first thing the IO did when we sat down for the interview was to calculate the number of days between my priority date and my 5 year GC anniversary.

Don't waste time asking for opinions from the Infopass folks or anything, just go ahead, withdraw and reapply. Otherwise you are going to get to the interview, they are going to deny your application and you will have wasted a few months.
 
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