Withdrawal of N-400

[Radni]

Hi JoeF , Rahul Kumar and others,
1. What is the procedure for withdrawal of N-400 after filing but brfore finger printing?
2. Does one have to give reason for such withdrawal?
3. Would the application be returned or will it be kept in their record ?
4. What is the relevant section in INA?

 

[JohnnyCash]

To answer your questions point by point:

(1) There is no any 'hard and fast' rule/procedure for withdrawing an application. All you need to do is-write a simple letter on a plain piece of paper to USCIS at Service Center wherein you mailed/filed your N-400 application. You are allowed to withdraw it not only before having fingerprinted, but also at any time until the time of its adjudication, like after fingerprinting or even at the time of interview. You can also choose not to show up for fingerprinting or interview if you don't want your N-400 be adjudicated/processed. But then it would be denied than withdrawing. Both have same result, but denial comes up with stigma than withdrawing the application. Make sure to send the request by certified mail.

(2) You really don't need to give any reason for withdrawing your application. But if you choose (which is advisable) then you can just say that because of unforseen reason-you are deciding to withdraw your pending N-400 at this time. That is.

(3) USCIS won't return your N-400 application back to you if you would withdraw it. But they will throw it or close that application for further action. You should receive an acknowledgment letter for your request of withdrawing it.

(4) Don't know what Section of INA you are referring here. If you are asking for INA for withdrawing an application then there is no INA for this.

Good Luck.

 

[deng890]

Johnny Cash wrote:

"You can also choose not to show up for fingerprinting or interview if you don't want your N-400 be adjudicated/processed. But then it would be denied than withdrawing. Both have same result, but denial comes up with stigma than withdrawing the application. Make sure to send the request by certified mail."

I was under the impression that the USCIS would consider an applicant not showing up for fingerprinting/ interview to have 'abandoned' their application, rather then having their application 'denied'.
IMO, it is correct that a denial carries a stigma. That is because a denial of an application is done 'on the merits' of the application. Thus, there must be some material reason for USCIS to deny the application (bad moral character etc.) You're only remedy for a denial would be to appeal the denial and to contest any reason for the denial, as re-applying would likely be futile, unless the material reason for the denial is appealed/ litigated successfully.
On the other hand, 'abandoning' an application, when u don't show up for fingerprinting/ interview etc., is remedied by simply re-submitting a new N-400, paying the fee and going through the whole process again.

(Usual disclaimer, I am not an attorney, this isn't to be construed as legal advice in any jurisdiction...etc.)

 

[JohnnyCash]

When an application is filed, USCIS would make a final decision on it by approving it or denying it in the end except if an application is withdrawn before it's adjudication. There is no in-between. So obviously, there is no such thing like "abandonment" IN THE END or at final stage. We are not talking about withdrawal here, instead we are talking about abandonment of an application in relation to denial. Abandonment of an application or not proving your case to USCIS is resulted in the same decision in the end-DENIAL of the application. Not showing up for a fingerprinting or an interview on a given application means abandoning the said application by all means. However, it should be noted that once an application is abandoned/rejected/not approved than all these notions fall under only one term of 'DENIAL'. In other word, if someone would abandon his/her application for whatever reason, s/he will receive the notice of DENIAL because of such abandonment than just informing the applicant about "abandonment" of the application alone. Earlier I was mentioning about the ultimate outcome of not showing up for a fingerprinting or an interview (which is itself an abandonment)-DENIAL of an application.

 

[JohnnyCash]

(1) I believe I already said earlier very clearly that once an application is withdrawn then USCIS will close the file for further action.

(2) I did not say that once someone would withdraw an application then it would be a denial. However, I did say that the result of withdrawing or denial of an application is almost the same. Why did I say so? Because, application won't be approved in the end because of withdrawing or denial of it.

(3) More importantly what I said and responded earlier is that once someone would abandone his/her application for whatever reason then s/he would receive DENIAL letter because of such abandonment.

 

[Francis_USA]

To Johnny

It seems like USCIS can also deny the withdrawal request according to 335 (E).

What will happen if the withdrawal is denied?

Thank you!


Sec. 335. (e) After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution.