Torchline
 A newsletter about immigration law from the
Law Office of Jeri Ann H. Flynn, APLC
Fall/Winter 2004
DISCLAIMER: The information contained in any article in TORCHLINE is of a general nature and is provided for informational purposes only. Nothing in any article is intended to serve as advice to you concerning your specific situation, nor does it constitute the retention of the Law Office of Jeri Ann H. Flynn, APLC, or the formation of an attorney-client relationship. Please remember that governmental interpretations of the law and governmental policies toward implementation of the law may change on a daily basis. 

Threatened Enforcement of Address Change Notice Requirements

Many of you are already aware that the Citizenship and Immigration Service ('CIS') 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 CIS 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 CIS 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 CIS 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.

Non-citizens are required to complete CIS Form AR-11 Change of Address to report address changes within 10 days. Go to www.uscis.gov/graphics/formsfee/forms/ar-11.htm to download the form. If you are unable to download the form, we will send it to you, if requested. It is a very simple form. 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 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. Mail the form to this address:

U.S. Department of Justice
Bureau of Citizenship and Immigration Services
Change of Address
Post Office Box 7134
London, Kentucky 40742-7134

Before mailing the form, copy it and attach the white certified receipt. Assuming you receive the green return receipt, attach it to the form copy and put these in a safe place. Keep the copies with receipts until you are a U.S. citizen (or until you no longer live in the U.S.). Possibly some day, having been deluged with these forms, the CIS will have the law changed and you can destroy your evidence of compliance.

This address change requirement has nothing with the need for an applicant for CIS benefits to inform the appropriate CIS Office of address changes. So long as you notify us, we will be responsible for informing the appropriate CIS Office of your address changes as the need arises.

Sincerely,


Jeri Ann H. Flynn

Employment Creation Immigrants: A Potential Boon to Louisiana's Economy

By Jeri Ann H. Flynn



Immigration and nationality law is a highly specialized area of law that deals with international, federal, and state law issues, as well as with federal regulations and internal operating procedures dealing with labor, foreign affairs, immigration, and nationality. Immigration lawyers provideexpertise to the business community in a number of ways.

For example, they are involved in the temporary or permanent transfer of foreign personnel to work for affiliated U.S. companies; in bringing foreign nationals to the U.S. to work temporarily or permanently; in bringing persons involved in trade and investment to the U.S. from certain treaty countries in order to provide services or to manage their investments; and in the immigration to the U.S. of persons who have made substantial financial investments in the U.S.

Although the ability of investors to reside permanently in the U.S. through investment has been little used, it affords a win-win situation for the investor and for the national and local economy. This short article provides an overview of the process. Read More

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.

Note: The Correct Address to file a Change of Address is as follows:

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

Read More

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