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N400 withdrawal letter. Is this ok?

Grand Rapids, MI |

Below is my n400 withdrawal letter that I am due to send shortly. As the letter states. Missing above the start of this is all my personal details such as receipt # and USCIS #.
Is this satisfactory?

Attn: USCIS Officer,
I would like to withdraw my N-400 application for naturalization. I understand that when in the process of applying for naturalization, I may not leave the US until it’s completion. Due to work commitments placing me in the UK, I cannot fulfill this prerequisite, so it is in my best interests to reapply when I return to the US from this trip.

I understand the implications of this with regards to a non-refundable application fee paid in January 2014.

Please can you confirm that you have received this request for N-400 withdrawal of application.

Kind Regards,

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Attorney answers 7

Posted

I don't agree with your reason for withdrawing. There is no such requirement to remain in the US while your application is pending. I have had several clients who have traveled extensively outside the US while their N-400's have been pending, and we disclosed their travel, of course, to USCIS, and their cases were approved, and they are now US Citizens.

This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Posted

There is no need to stay in the US so you shouldn't have to withdraw the application based on this reason.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

To clarify the follow up question, Asker: I think most of us here understood that you are not voluntarily wanting to withdraw the N-400. We are therefore advising you that there is no such requirement simply for what you have given as the reason. IF you WANT to withdraw and are just looking for a reason, that is a different matter: no reason is actually needed, simply the desire not to go forward on the N-400 and a withdrawal letter are sufficient.

Posted

This letter shows the difficulty of trying to do cases without any counsel. Get a consultation at least with qualified counsel and see what your options are. You are assuming that you cannot meet your physical presence requirement and perhaps you cannot; but first you need to discuss with counsel who needs to review your entire record. Furthermore, there may be options available to you considering how much time you may have spent outside the U.S. previously. Finally, an attorney can help for example with a re-entry permit or other issues if you need to leave the country for work-related reasons. Get help now.

No attorney-client relationship is created or implied by this communication.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Thorough advice.

Posted

I agree. Contact an immigration attorney as you may not need to withdraw your application.

This is general information and not legal advice. This communication does not create a lawyer-client relationship.

Posted

For specific advice you should consult an immigration lawyer. This site is for general information on immigration law.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

Posted

Unless you don't want to Naturalize, don't withdraw your petition. I agree with the other attorneys that there is no requirement to be in the US while your application is pending (you may be confusing that with other application types). Further, if the USCIS thinks you are not eligible, or finds that you have abandoned your application by leaving, they will either request more info and then make a determination, or administratively close your application. Best to leave it open, and give an immigration attorney a ring.

This is not legal advice and is only general information. I am not your attorney. No attorney-client relationship is formed by this communication.

Posted

You should speak with an attorney because you may be able to accomplish all your goals.

The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.