Promptly Notify INS of Change of Address
Posted May 24, 2002

Lately, there has been a warning circulating via eMail on the consequences of failing to notify the INS of address changes. The document purports to be a reproduction of an INS notice regarding a change in enforcement of an immigration law requiring that one notify INS of address changes. The notice contains some frightening language threatening a possibility of arrest, deportation, and criminal prosecution for failure to provide updated address information within 10 days of moving. Obviously, this report has unnerved many of our MurthyBulletin and MurthyDotCom readers, as the address change notification requirement is not widely known and is not strictly followed.

We have spoken with the INS regarding this matter and there is no enforcement or "crackdown" for violations of the address change rules. We have not heard of any arrests or initiation of any removal (formerly deportation) proceedings based solely on failure to comply with the address notification requirements. However, we take this opportunity to explain the requirements and to urge our readers to abide by all laws and regulations.

The Immigration and Nationality Act requires all foreign nationals within the U.S. who are subject to a registration requirement to notify the INS of address changes within 10 days of moving. This requirement includes almost all foreign nationals. Everyone, therefore, who is a permanent resident or on any immigration status other than U.S. citizen, is required to comply with this law. The correct form for address changes is the
AR-11, which is available from the INS via MurthyDotCom. Naturalization applicants can provide changes of address by telephone (1-800-375-5283). Details are available at the INS WebSite.

Persons who fail to comply with the provisions of the law requiring notification of an address change are removable (deportable) by law unless they establish that the failure was reasonably excusable or was not willful. So those unaware of the requirement may possibly be excused for failing to notify INS.

Please note, however, that the INS Operations Instructions state that failure to notify of a change of address should not normally serve as the sole basis for initiating removal proceedings. That is, persons are not to be put into removal proceedings simply because of the address issue. It is a violation noted as an "add on" charge for persons who are already in removal proceedings for other, more serious violations.

The purported INS notice also speaks of potential criminal prosecution. Although the immigration law on change of address requirements makes it a misdemeanor with a fine of $200 and a possible sentence of thirty days for failure to comply, we have not heard of anyone having been charged with this crime.

It does not appear that there is any need to panic about this matter. Any of our readers who have not given proper address information to the INS in a timely manner should do so at this time. They should retain proof of compliance by making copies of the notification and using certified mail or other "traceable" mailing methods.

Fear of actions the INS could take against one for failing to submit Form AR-11 is not the only reason for doing so. INS is only required to send certain important notices and filings to foreign nationals at their last address of record. If one does not receive these items due to his or her own failure to inform INS of an address change, grave consequences could result. This issue should be of particular concern to individuals who are in removal proceedings and may miss hearings because notices are being sent to old addresses. The Court will not excuse the failure to appear unless the person can prove s/he provided the INS with the correct address.

In summary, while there is no apparent need to fear a massive INS hunt for persons who have not provided address changes within ten days, this is a rule that should be taken seriously. Those who have not yet provided updated addresses need to do so, even if it has been more than ten days since the address change.