JulieinAustin

Does anyone know what happens if you withdraw your citizenship application while in the process and whether this will affect me in the long term should I apply some time in the future? To cut a long story short I had started the process and not planned to be in the UK for such a long time (I came back to have a baby and ended up staying here). I've done my biometrics and now they have set me an interview date but there is a very strong possibility that I will get denied because I broke the continous residence rule and was out the country for just over a year, which I believe sets the naturalisation clock back. Not wanting the stress of leaving my baby to fly back for the interview and face getting denied I am seriously considering just pulling out all together and surrendering my greencard. If we do ever decide to move back to the states we will just have to start over, although I am concerned that stopping the citizenship process now might affect me in some way should we apply again in the future.. Would I be better off just flying there and going for it and just risk getting denied? Can anyone shed some light on this, would appreciate any feedback from anyone who has been in a similar situation..

ian-mstm

You can either send them a letter withdrawing your application, or you can do nothing and your application will be terminated when you don't show up for the interview... both without prejudice or negative consequences for the future.

Ian

samuel5028

It's better to inform about the reason for withdraw of your US citizenship application. If you dont go for interview automatically your application will get rejected.

ian-mstm

Really? Why? The US government has little, if any, interest in why someone withdraws their application.

Ian

Noorah101

True, but she can always re-apply.

Rene

sean3636

Personally, I think it will be the biggest mistake of your life to bail out now being so close to the end. I have read countless postings over all the immigration websites that are out there, where people have given up the green cards thinking that they will never return to the US and are now bitterly regretting their actions because after a few years of being back in their home country they realised they had it better over here. I completely understand not wanting to be away from your baby being a father myself but wouldn't you want to trade a few months(hopefully that is all it will be) to give your baby the gift of US citizenship as well? Get your citizenship and you can come and go as you please. I would contact a lawyer or USCIS themselves and find out exactly where you stand before making this possibly terrible mistake......if you have no intention of ever returning here to work and live then that's fine but if I even had an incling of ever returning I would not want to have to go through the struggle and expense of getting a green card and citizenship again. Good luck in what you decide to do

S Folinsky

It is not just a "strong possibility," it is a mandatory denial.

There are other issues involved in your scenario beyond the naturalization. You may want to consult with competent immigration counsel. I am not giving specific advice other than to note that you may NOT want to come to the US without your baby -- there are rules that apply children born abroad to LPR's.

JulieinAustin

I totally appreciate what you're telling me Sean, but the main problem is that I may get denied anyway because of the broken residence rule. If I thought I had a good chance of getting it, I would definitely just go for it for the reasons you point out, that should we some years down the line want to move back then we won't be back at square one. My husband is a citizen so as far as I understand we can always take that route and just reapply for permanent residence should that happen. We have already applied for my son on the grounds that he is born to an american parent that has resided in US for at least five years since age 14. I regret not just staying in the US a bit longer and getting it all sorted out before coming to the UK and having a baby etc. but it's a bit late now, I'm already in this situation. I did consult an attorney just after I did my biometrics and he basically said that it's taking a chance and depends on who I get on the day and whether they know the law or not or what sort of mood they're in, but yes unfortunately I could get denied.

JulieinAustin

Really, so it would pretty much be a waste of time if I do fly there and chance it.?. What are the rules that apply to children born abroad and do you know where I can find out about this? We're in the process at the moment of applying for his citizenship but have had to submit further evidence to prove that my husband up until last spring had been living there for 10 years, so it's pending at the moment.

Thanks for all the feedback everyone..

S Folinsky

The rules are set forth in regulations found in volume 8 Code of Federal Regulations. 8 CFR is posted on-line with a link in www.uscis.gov.

JulieinAustin

Thank you, I'll check this out. With a bit of luck my son will have his US citizenship soon, we've just had a hard time with it because my husband doesn't know where his previous US passport prior to 2005 is, making the process much harder than it should have been..

mamasue

I was due for the citizenship interview last September, and for personal reasons decided to withdraw my application, 2 weeks before the appointment.
I sent a letter, explaining I wished to withdraw my application .
I recieved a letter a few months later telling me my withdrawal had been recieved, and it would not prejudice my application should I decide to apply again.

Rete

Plus there is no guaranty that it will get to your file and/or the correct ajudicating officer.

JulieinAustin

Thanks for this, this puts my mind at rest. My husband seems to think we won't ever go back.. but never say never; who knows what's round the corner. I'm sure if he got some fantastic opportunity out there, we'd be off like a shot!! I will definitely send them a letter explaining the situation.