Will re-applying citizenship nullify the previous pending citizenship application? 5 Answers as of March 25, 2013

I have a pending citizenship application for over 3 years. I know the reason for the delay is because the CIS thinks that I committed a crime about 6 years ago. During the investigation, I denied that I committed the crime 6 years ago. I am not charged for that crime. I have a clean background. I plan to re-apply citizenship, so that the possible crime is more than 5 years before the date I apply, therefore CIS could ignore it if they want. My question is: Does it hurt to re-apply citizenship? Will this new application have negative effects on the previous pending application? Will this new application nullify the old one?

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Law Office of Adebola Asekun | Adebola O. Asekun
Regardless of circumstances, an application for naturalization should not take 3 years to adjudicate. In fact CIS is required as a matter of law to make a decision within 120 days after the interview. Second, once an N-400 application is filed, it cannot be withdrawn. Also, unless you have dealt with the reasons why you think your case is delayed, there is no guarantee that that a new application will not face similar delay issues just like the first. Applying for citizenship is important, but you need to carefully consider the pros and cons especially if you have a criminal history. Apart from the real possibility that your case may be denied, if DHS finds sufficient reasons, it can deny your N-400 application take away your green card and worse, start deportation proceedings against you. I therefore strongly urge you to consult with an immigration attorney right away.
Answer Applies to: New York
Replied: 3/25/2013
All American Immigration
All American Immigration | Tom Youngjohn
Re-applying might be one way to unstick the pending N-400, if you are ABSOLUTELY certain that you don't have a conviction or arrest or lied on the previous N-400 about having been arrested. But many experienced immigration attorneys would likely recommend appealing into Federal District Court with a Mandamus petition.
Answer Applies to: Washington
Replied: 3/24/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
I would advised you to retain an experienced attorney to assist you with this matter. There are ways to seek judicial review of the matter. If you have not committed a crime, you would be well-advised to have this application adjudicated. You could re-file. However, you would need to first withdraw the first application for naturalization. Each and every application remains in your file. If the crime has caused a 3 year delay thus far, it will likely continue to cause issues. In my experience, once USCIS has decided not to grant your application, they usually continue to find a reason to deny future applications.
Answer Applies to: New York
Replied: 3/24/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
You should first withdraw the prior N-400. You should also consult with an attorney. Anytime you have a potential criminal issue you are best served by having a competent attorney advise you of the possible consequences.
Answer Applies to: Michigan
Replied: 3/24/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You can withdraw the old application and re-apply but either way the best strategy is to disclose and fully come clean on what happened with the old crime regardless of how many years ago it was as there is a question on the N-400 about whether you were ever arrested.
Answer Applies to: California
Replied: 3/24/2013
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