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IMMIGRATION ALERT
INS To Enforce Address Notification Requirements


Background:

Immigration law requires all non-citizens to notify the INS of any change of address within 10 days of the change. This obligation is not new, but has rarely been enforced until now. Section 265(a) of the Immigration and Nationality Act ("INA") states: "each alien required to be registered under this title who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General might require by regulation." The failure to comply with the provisions of INA § 265 is an offense that may make one deportable, "unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful." INA § 237(a)(3)(A).

By its own admission, the INS has rarely enforced this provision. However, post 9/11 the provision has been used as a ground of deportation against many individuals who are of interest to the Department of Justice, but who have no other immigration violations. In order to avoid any such complications, it is imperative for all non-citizens to comply with the address change notification requirements.

More importantly, the Department of Justice recently published a proposed rule that will add more significance to the current regulation. The new rule would require every person applying for immigration benefits to sign a statement acknowledging that they are aware of the 10 day address change notification requirement, and that if the person has changed his or her address and failed to provide it to the INS, he or she will be held responsible for any communications sent to the most recent address provided by the applicant.

Enactment of this provision will mean that immigrants will be held responsible for missed immigration hearings and interviews even though they may have never received actual notice of those appointments. The consequence of missing a hearing is often deportation, while missing an interview may result in denial of the application at issue.

What to Do: In light of the foregoing, it is highly advisable for all foreign nationals in the United States-all individuals holding temporary visas as well as Green Card holders-to comply with this provision, by submitting a completed Form AR-11 to the INS.
Downloadable PDF Version of Form from INS Website

Completing the Form:

You Must Complete the Form if:
· You are in the United States on a nonimmigrant visa (ex: B, F-1, H-1B, L-1A).
· You are currently in deportation or removal proceedings.
· You have been admitted as a lawful permanent resident (i.e. hold a Green Card).

AND
You have moved since the submission of your last application/petition to the INS. Thereafter, you should submit the form to the INS within 10 days of each subsequent address change.

NOTE: each family member must complete a separate Form AR-11, however if your children were born in the United States, as U.S. citizens, they are not obligated to file the form.

The form is self-explanatory, except for the following questions:

STATUS IN THE UNITED STATES

· Individuals in the U.S. on visas other than Visitor (B) or Student (F-1), must check the box for "other" and insert their status, e.g. H-1B, L-1A, TN.

· Individuals who have applied for adjustment of status in the U.S. (i.e. filed form I-485), can enter "AOS." NOTE: once Form I-485 is filed, your status is "AOS" regardless of whether your nonimmigrant visa is still valid or expired.

YOU HAVE AN A-NUMBER IF:

· If you hold a Green Card-the number appears on it.
· You have applied for adjustment of status. The A number is noted on the I-485 receipt notice.
· You have been placed in deportation and removal proceedings. The number is on the Order to Show Cause (OSC) or Notice to Appear (NTA), or on any Notice of Hearing received from the Immigration Court.

EXPIRATION OF STAY

· If you are in the U.S. on a nonimmigrant visa, generally, you must insert the date on your I-94 as the date that your stay expires
· If you are in the U.S. on an F-1 or J-1, frequently, the I-94 is marked with D/S, Duration of Stay. You can enter D/S.
· If your I-485 is pending and your H-1B visa is expired, then you can simply enter "AOS applicant."

PORT AND DATE OF ENTRY

· The port of entry is the name of the city in which you last entered the United States.
· The date of entry is the date stamped on your most recent I-94 card. If you are a permanent resident, your passport should have an admission stamp-that is the date of your last entry into the U.S.

Mailing the Form
After completion the form, it should be mailed to INS headquarters in Washington, DC. The address is directly on the form. It is advisable to send the form certified mail so that you will have proof that it was sent by you and received by the INS. If you have any questions regarding the completion of the form or other immigration issues, please call our office at 856 384 9902.

Disclaimer: This Immigration Alert is for informational purposes only and should not be considered as legal advice or as establishing an attorney-client relationship.