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When to reapply after withdrawal ofN400.

Hollywood, FL |

I was married in 1997 to my American born husband. I submitted N400 and attended the interview but was asked to provide more info on my physical and continuous presence. So I decided to withdraw N400 because I realized I had over 1120 days listed on N400. I also had stayed out the country for more than 6 months in 2011. I returned to the US Jan 2012 those after 6 months. However, ever since Jan 2012, I have remained in the US. I was told that I could resubmit N400 anytime from Aug 2013 but I really do not want to waste my $700 again.

Attorney Answers 3


  1. Best answer

    From what you're saying, you don't appear to be eligible to file until late 2014.

    Take your detailed trip list to an attorney for confirmation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. In my opinion you need to wait. But I would take your passports with all "outside" time to an experienced attorney to discuss.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


  3. Dont think you qualify yet.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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