INS Provides Information on Address Change Requirements
Posted Oct 18, 2002

Post 9/11 the MurthyBulletin and MurthyDotCom published several articles concerning the need for most non-U.S. citizens to keep the INS informed of their address changes. This long-dormant requirement received renewed enforcement attention following the events of September 11, 2001. Failure to comply with the requirement to notify the INS within ten days of an address change is not only a misdemeanor, carrying a fine of up to $200 and/or 30 days in jail, it is a basis for removal (deportation) from the United States.

In light of the regenerated use of these provisions, the INS has added a section to its website specifically relevant to address changes. It contains helpful links and some clarification. Provided is information such as who must comply with the requirement, how one reports a change, what one should include, and where one can find the law.

It should be noted that the only non-citizens exempt from the requirement are persons with "A" status (diplomats) and "G" status (international organization representatives). As regular readers of the MurthyBulletin and MurthyDotCom are aware, the notification is made on Form AR-11 and sent to the INS Headquarters in Washington D.C. The address is on the INS WebSite. Applicants for naturalization are directed to file the AR-11 and call the National Customer Service Center. All other applicants are directed to file the AR-11 and notify, in writing, the INS office processing their cases, using the procedures for each specific office.

The INS explains that it is not necessary to include every previous address for which one failed to complete AR-11. An address history is not the goal. The INS only wishes to ascertain the current address. INS also states that it is unnecessary to include temporary address changes, as long as the current address is being maintained as permanent, and the individual continues to receive mail at that location.

This last issue is quite confusing for some people and the INS directions do not necessarily clarify the point. Many of our clients at The Law Office of Sheela Murthy work in the IT industry at various client locations. They move from place to place based upon their jobs. The AR-11 form contains a space for temporary moves. Apparently, this is only required if the move is temporary and the prior address is no longer valid for mailing purposes. If the permanent address is that of a relative or friend, who continues to collect mail, then it appears that the AR-11 is really not needed. However, since an individual is responsible for mail sent to the prior address, one should make sure the person s/he depends upon to safeguard the mail is completely reliable.

We also understand that the INS has not been able to enter the data from all the AR-11 forms into their system and thousands of them are arriving each day at INS Headquarters in Washington D.C. Many of these forms are still awaiting entry into the database since the INS does not have the necessary personnel for this task. Notwithstanding, since it is the law that one notify the INS of address changes, it is best to do so promptly but, as mentioned, the address change may not be required if one has arranged for the safe and reliable use of an "in care of" address of a friend or relative.