How do I withdraw my application at USCIS? Hi I’m Jim Hacking, immigration lawyer, practicing law throughout the United States at our office here in St. Louis, Missouri. Sometimes discretion is the better part of valor. What does that mean? Sometimes it’s better to withdraw a case than it is to keep on fighting. And there are many, many, many scenarios where it’s wiser for you to quit going. I just had to go through this with one of my clients who’s been fighting for nationalization for a really long time, so I understand the emotion of throwing in the towel. I understand the sadness in not getting the benefits sought at this time. But sometimes, if you’re going to get into criminal trouble, or if you’re going to get into tax trouble, or if you’re going to get into immigration trouble by continuing to pursue an application, you need to withdraw the case.
Now you’re probably going to want to talk to a lawyer about withdrawing your case, and there’s the right way to do it, and a wrong way to do it. The wrong way to do it is just to ignore the case and wait until it dies on the vine. I would not ever, ever do that. The right thing to do is to send them a letter, and you want to send them a letter on your letterhead, so you should type your address at the top of the letter. And then you type the address of the office in which your case is pending. So for instance, if you’re applying for naturalization and you’re in Louisville, Kentucky, then you would want to address it to the address on your N400 receipt notice. In the bottom corner of your N400 receipt notice would be an address.
And you’re going to write a letter and you’re going to send it by Federal Express. Why do you send it by Federal Express? So that you have proof that it got delivered. And you’re going to date your letter. So you’re going to have your full address on top, your phone number, then you’re going to have the date, then you’re going to have the address of USCIS, Louisville, Kentucky, and then you’re going to put your case number on there and your full legal name and your receipt number, the form, the N400, whatever form it is, and then your alien number. And that’s going to all go in the middle line. Then it’s going to say, dear, sir, or madam. And then it should say something like, “I would like to withdraw my naturalization case, my green card case, my work authorization, whatever, I want to withdraw my naturalization application at this time. I ask you please, close this file and take no further action on my behalf. I will not be seeking naturalization at this time. If and when I decide to pursue naturalization again, I will simply refile. Sincerely, John Doe.” And then make sure that, like I said, you keep a copy of that letter.
You might want to include the receipt notice on the second page. So I would have the letter itself, then the receipt notice, and then I would send it off to USCIS. We have a form letter here in our office that we use because people do withdraw their cases from time to time. But that’s basically the gist of it, who you are, your address, the date, who you’re sending it to all your case information and then I wish to withdraw my case at this time. I no longer wish to pursue my naturalization. I ask that you please close my file and take no further action on this application. Sincerely, John Doe. And then, like I said, keep a copy, send it by Federal Express and keep that receipt and make sure you keep proof of delivery so if it ever comes up, you’re going to be able to demonstrate.
Now they don’t have to necessarily accept your withdrawal. They could deny the case if they want. Usually they don’t though. Usually they withdraw the case. It depends. Say you’ve already had your interview and they’re already set to deny it, they might just stick to their denial. But I believe they’re supposed to let you withdraw it, but I suppose sometimes they put so much work into it that they don’t want to let you do that. And I have seen that happen., Very rarely though. Usually they just let you withdraw it. And they’ll usually send you a confirmation letter of the withdrawal. Now you would also want to keep a copy of that withdrawal notice, the acceptance of your withdrawal.
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