Withdrawal Citizenship Application

M

mileage

Registered Users (C)
I hope this is the right board to ask.

Does anyone know the implication of withdrawing citizenship's (n400) application?
Also, what is/are the procedure(s)?
 
I got across the following in the Adjudicator's Manual in the context o an applicant withdrawing ollowing failure of English and/or Civics tests:
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 An applicant may request in writing that his or her application be withdrawn.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 A withdrawn application is automatically denied without prejudice to the adjudication of a future application.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.
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Although I am not a lawyer (and this is no legla advice), it would seem that an applicant withdrawing an application is not entitled to recourses/appeals of a denied application. "Without prejudice" would mean that the USCIS will have no prejudice regarding another N-400 application filed a later time, i.e. the withdrawal won't negatively affect the way the USCIS will process/adhudicate later applications.

P.S.: I am not a lawyer, so please act accordingly
 
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McMahon

What is your timeline in N-400 process if any in MI?
McMahon said:
I got across the following in the Adjudicator's Manual in the context o an applicant withdrawing ollowing failure of English and/or Civics tests:

Although I am not a lawyer (and this is no legla advice), it would seem that an applicant withdrawing an application is not entitled to recourses/appeals of a denied application. "Without prejudice" would mean that the USCIS will have no prejudice regarding another N-400 application filed a later time, i.e. the withdrawal won't negatively affect the way the USCIS will process/adhudicate later applications.

P.S.: I am not a lawyer, so please act accordingly
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My N-400 Timeline

----------------------
Detroit DO - NSC
03/16/07 N-400 sent to NSC
03/20/07 Priority Date
03/23/07 Notice of Action letter received
03/23/07 FP letter received
04/12/07 FP done
09/19/07 Interview Appointment :) (Notice date July 13)
 
Withdrawal Of Application While In Frontlog

McMahon said:
Although I am not a lawyer (and this is no legla advice), it would seem that an applicant withdrawing an application is not entitled to recourses/appeals of a denied application. "Without prejudice" would mean that the USCIS will have no prejudice regarding another N-400 application filed a later time, i.e. the withdrawal won't negatively affect the way the USCIS will process/adhudicate later applications.

P.S.: I am not a lawyer, so please act accordingly
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Do people here think it would be OK to send a letter to the respective service center asking withdrawal of the application while the application lies unopened due to the current frontlog scenario?
 
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Just a thought -- If the check is not cashed you could put a stop payment on it for a fee. This way the check will not be honored and your appl packet will be returned. Not sure if anyone ever does this though.
 
aabbcc11 said:
Just a thought -- If the check is not cashed you could put a stop payment on it for a fee. This way the check will not be honored and your appl packet will be returned. Not sure if anyone ever does this though.
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Most likely no one has done this so far intentionally but has it happened to someone unintended?

aabbcc11 - this is really helpful, thanks!
 
immigrateful said:
Most likely no one has done this so far intentionally but has it happened to someone unintended?

aabbcc11 - this is really helpful, thanks!
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I would advise against doing a stop payment, as USCIS may proceed with the application and slap you with a fee for the dishonored check - much like the bank would. In this case, you will be sent a letter asking you to pay the application fee plus their penalty fee.
 
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