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N400 withdrawal

San Francisco, CA |

I have been married for 3 years. I went for my citizenship interview and passed the tests etc. I was told I would be informed of the result in the mail as I did forget out home phone number (we never used it), and I didnt have alot of new marital union material, just my new health insurance card. I received a RFE for myself and my spouse to appear at the office with proof of marital union etc. I have actually been separated for 6 months but my spouse insisted I follow through with the application and I didnt tell the officer that. Can I withdraw my N400 and will I have to return the RFE if I send a withdrawal letter. Seems the withdrawal letter would be sufficient.

If my N400 is denied, can I reapply?

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Attorney answers 4

Best Answer

You need to seek the advice of an immigration attorney.

This is extremely problematic now that you have attended the interview and represented that you were still living in marital union. You can try withdrawing, but speak to a lawyer.

If they deny, you may not be in a position to refile - they may take the position that you misrepresented and so take action to take away the green card/remove you.

Speak with an attorney before doing anything further.


You should consult with an immigration attorney immediately.

Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at All initial constulations are free.


You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Agree with my colleagues.

Curtis F. Pierce
Attorney At Law
Certified Specialist, Immigration & Nationality Law
The State Bar of California Board of Legal Specialization
The Pacific Center
523 West Sixth Street, Suite 348
Los Angeles, California

Tel: 213 327 0044

Fax: 213 327 0066