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

[poongunranar]

Let's be clear about this!

Just so that everybody else is clear, for posterity sake, let us address this question, resoundingly clear: What is THE main date that is used as a criterion for the 90-day rule??

1. Is it the Mail Delivery Date of N-400 at lockbox/NBC that should be within 90 days of anniversary?
2. Is it the Notice Date that should be within 90 days of the anniversary?
3. Is it the PRIORITY DATE that should be within 90 days of anniversary?
4. Is it the Signing Date of the Applicant that should be within 90 days of the anniversary? (which is extremely unlikely, but yet, for brainstorming it doesn't matter)

If you have case precedence (even if you don't remember the member's nickname, fine), just state so. If it's "I think this is how it is", state that too. If you have some memo or documentation that supports your position, state that too.

I am sure this will be helpful to everybody. Cheers.

 

[Jackolantern]

It's 1 and 3, and the date for 1 should be equal to 3. That is what I have consistently observed over the years on this forum and elsewhere.

However, occasionally the people at USCIS mistakenly use #4 or the postmark date and reject it on that basis without an interview. Such rejections have happened where the dates for #1 and #3 were fine but the signature date or postmark date were outside the 90-day window.

So the safest course of action is to wait long enough to guarantee that ALL the 4 dates you listed plus the postmark date will be in the 90-day window.

 

[Wavejazz1]

I am reading a lot of useless personal opinions here.

Here is the thing GO AHEAD and withdraw your application for the reason of applying early.

Here is the bottom line:
If the applicant requests to withdraw an application the USCIS DISTRICT DIRECTOR has to approve or disapprove the request.

So when you write the letter to withdraw, you have to let the DISTRICT DIRECTOR know that you want to withdraw because you applied little bit early and don’t forget to ask for forgiveness and consideration if possible, you know what I mean. You got nothing to loose
Look USCIS, for what I read on AFM when it comes to withdraw an application they think there's something else other than the reason to withdraw that the applicant dosen't want to share with them, So ask them to still consider your early filed application if they can.

Again here is the link get informed read, read, read and don't listen to BS from nobody including me if you will.

http://www.uscis.gov/portal/site/us...7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm


Wave

 

[Wavejazz1]

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.

 

[xxhwx]

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.

Thanks for the input, Wave. So if I go ahead and withdraw my application now, what is the chance of it being approved? Should I wait for a follow-up letter from the USCIS before reapplying?

 

[Wavejazz1]

I just said read read and read

The answer of your quetion is on what i just posted for you to read i will cut and past the answer for you.

Here it is:
The applicant can apply at a later date, and that application will be judged on its own merits.

Wave

 

[xxhwx]

I just said read read and read

The answer of your quetion is on what i just posted for you to read i will cut and past the answer for you.

Here it is:
The applicant can apply at a later date, and that application will be judged on its own merits.

Wave

I read all of them before your last post, wave. I understand I can reapply for a LATER day, but how do you (I guess you may not have the answer as well) define "later," the day after I send out the withdrawal letter, or the day after I receive a follow-up letter from the USCIS (if there's any) confirming the withdrawal of my application?

 

[Wavejazz1]

Well this time i will be a little bit nice to you i won't ask you to read. i'll jusy cut and past the answer for you.

here it is: For Applicant over 18 years old

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.

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.

I guess you have to wait for the follow-up letter to find out how soon you can re-send your application


Wave

 

[faysal]

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.

If they cashed your check, and scheduled you for a fingerprint, I would just finish the process. In most situations, when an applicant sends out their application early, USCIS catches it in the intial processing, and they send the whole application back to the applicant without cashing the check. Then the applicant refiles...In your situation, USCIS was not able to detect the error in the initial processing, so no the question is are they ganno catch it in the interview...Could happen/could not....In each case, I think it is a good idea to wait until the interview...and see what happens at the interview...I don't think it is going be an issue...good luck

 

[xxhwx]

If they cashed your check, and scheduled you for a fingerprint, I would just finish the process. In most situations, when an applicant sends out their application early, USCIS catches it in the intial processing, and they send the whole application back to the applicant without cashing the check. Then the applicant refiles...In your situation, USCIS was not able to detect the error in the initial processing, so no the question is are they ganno catch it in the interview...Could happen/could not....In each case, I think it is a good idea to wait until the interview...and see what happens at the interview...I don't think it is going be an issue...good luck

I appreciate your encouragement, faysal! Thank you!

 

[Jackolantern]

It all boils down to how much time you are willing to waste.

If you let the case progress to completion and get denied for applying too early, all you would lose is time. You'll be able to reapply immediately after the denial, assuming there is no other issue hurting your eligibility.

But becoming a citizen ASAP was very important to you when you applied, that's why you applied so soon. So if you still have this urgent need to become a citizen, the logical thing to do is to withdraw right now and reapply instead of waiting to see what will happen in or after the interview.

 

[givepeoplehope]

Like Faisal said, If I were you, I would let it take it course...I would not withdraw it...I see you were one or two days early in applying but if they did not catch at reception, they will or may not at interview..
Go do your fingerprint and go about your life...you will be ok...with the grace of GOD...We people in here acting like they IO..or USCIS themselves... don't listen to them...

 

[Vorpal]

Like Faisal said, If I were you, I would let it take it course...I would not withdraw it...I see you were one or two days early in applying but if they did not catch at reception, they will or may not at interview..
Go do your fingerprint and go about your life...you will be ok...with the grace of GOD...We people in here acting like they IO..or USCIS themselves... don't listen to them...

This is bad advice. If the OP's application is approved, there's a chance (however slight it may be) that the application may get audited some time down the line and the applicant will be denaturalized if the auditors find that he/she applied too early.

 

[poongunranar]

This is bad advice. If the OP's application is approved, there's a chance (however slight it may be) that the application may get audited some time down the line and the applicant will be denaturalized if the auditors find that he/she applied too early.

This may be an obiter or a personal opinion at best. But, to "denaturalize" a citizen isn't a piece of cake as alluded herein, much the least, due to an oversight on the part of USCIS. So, I respectfully disagree with this piece of advice.

And, I second the notion of givepeoplehope, not that I am carried away by the hopey-dopey thingie, but the fact that there isn't a clear process to withdraw the petition and coupled together with the fact that any withdrawal may add additional burden on the person trying to withdraw it as to the other potential mala fide reasons that could lurk behind the withdrawal, I would just try to keep fingers crossed. The worst is that it could be denied without prejudice at the time of interview. And N-400 interviews don't take years as I-485 used to several years ago.

 

[Vorpal]

This may be an obiter or a personal opinion at best. But, to "denaturalize" a citizen isn't a piece of cake as alluded herein, much the least, due to an oversight on the part of USCIS. So, I respectfully disagree with this piece of advice.

I beg to differ. The USCIS doesn't care whether the oversight is on their part. If the citizenship was issued in error, it can be revoked, regardless of whose fault it is. Although the OP's problem is nowhere nearly as serious as witholding material evidence that would prevent an applicant from being naturalized, his/her citizenship would be issued erroneously, due to the fact that he/she applied too early. Im not saying that it will happen...I am, however, saying that it CAN happen. I stand by my advice.

 

[Al Southner]

I don't see USCIS developing an appetite to revoke citizenship because it was granted two or three day early. Court cost wouldn't justify such an stupid endeavor, and US Attorney would look like a fool. Assume that he's a fool and pursue revocation, the applicant can just reapply and the citizenship will be granted again, and USCIS and DOJ would have just squandered tax payers $$$$

 

[WBH]

to "denaturalize" a citizen isn't a piece of cake as alluded herein, much the least, due to an oversight on the part of USCIS. So, I respectfully disagree with this piece of advice.

USCIS may not try to de-naturalize such a citizen because of this mistake. But if something else happens
like the person commit a not so serious but but very minir crime, USCIS may use thsi oversight to
de-naturalize the peron in order to deport him.

If you natualize propoerly (not necessarily perfectly), then you have protection against deportation
for anything that happens after natualization. But if the citizen is given by mistake even mistake is on USCIS, they still can use that mistake to get rid of you when something bad happens.

I am not saying naturalized citizens all want to becoem crminal so that they need citizenship for protection against deportation. But everything cna happen in life.

 

[xxhwx]

I appreciate all the inputs and comments as usual. This may sound useless to some people, but I have decided to address my concern to the folks at the local USCIS field office with an infopass appointment on 8/12 and see what they have to say about my situation. Just want to hear as much opinions as possible before taking any course of action.

 

[ravi_niu]

Its not easy to denaturalize

i beg to differ with Vorpal. It is not easy to denaturalize any body for that matter. For example if one is an indian citizen after oath he/she ceases to be one. So technically after oath that person is a US citizen. Down the lane if US wants to denaturalize the person, where would they ship that person out to? CUBA? Sure Inida in that instance will not take the person back. OK they may put the person in Jail here for getting citizenship by fraudulent means as it is illegal but they cannot keep the person in prison for ever. So if they denaturalize and once the person gets out of jail, US would have to send that person to the moon on the next sapce mission as no other country in the world would accept that person. So the question of denaturalization even does not even arise.
One adivise to all. Please if anyone knows the answer correctly then please post and help so and not not your opinions, as people may be misled and can end up in dire consequences.

 

[poongunranar]

One adivise to all. Please if anyone knows the answer correctly then please post and help so and not not your opinions, as people may be misled and can end up in dire consequences.

That's what I was hinting at too, when I said, 'obiter'