INS Threatens Enforcement of Address Change Notice Requirements

By Jeri Ann H. Flynn

Many of you are already aware that the Immigration and Naturalization Service ("INS") has recently issued warnings that it will now "promote compliance" with little-known and never-to-my-knowledge-enforced address change requirements. For over 50 years Section 265(a) of the Immigration and Nationality Act ("INA") has required every alien (non-US citizen) to notify the INS of each change of address within 10 days of each change. Failure to give written notice of each address change is a criminal offense under Section 265(b) of the INA, and it is also a ground of removal under Section 237(a)(3)(A) of the INA (unless the failure was reasonably excusable or not willful).

The INS justifies its recent intent to enforce these provisions as 1) preventing removable aliens from avoiding removal (They really expect removable aliens who want to avoid removal to inform them of address changes?) and 2) securing our borders. The INS also wants immigration judges to be able to obtain valid orders of removal where notices of immigration proceedings are returned as "Undeliverable" by the postal service.

All non-citizens are required to complete INS Form AR-11 Change of Address form to report all address changes within 10 days. The form can be downloaded at http://www.ins.usdoj.gov/graphics/formsfee/forms/ar-11.htm. It is a very simple form. If you are unable to download the form and you are our client, we will send you the form, if requested. Otherwise, you will have to obtain it from a local INS District Office or by calling the INS at 1-800-870-3676. The problem is not in completing the form and reporting the address change - The problem is proving the change was reported, if proof is necessary. I strongly advise mailing the completed form by certified mail (which requires a trip to the post office to have the mail certified) and sending it "return receipt requested" to prove delivery. The form is mailed to this address:

Immigration and Naturalization Service
Change of Address
P.O. Box 7134
London, KY 40742-7134

Before mailing the form, make a copy of it and attach the white certified receipt. When the green return receipt is sent to you (assuming it is), attach it to the form copy. Put these in a safe place and keep the copies with receipts until you are a U.S. citizen (or until you no longer live in the United States). Otherwise, possibly some day, after having been deluged with these forms, the INS will have the law changed and you can then destroy your evidence of compliance.

This address change requirement must be distinguished from the situation where an application or petition is being processed with the INS. In that situation, so long as you are our client, and so long as you notify us, we will be responsible for informing the appropriate INS Office of your address changes as the need arises.