ISD Teleconference : August 8, 2002
Posted Aug 30, 2002

The August 8, 2002 liaison teleconference between the Immigration Services Division (ISD) of the INS and the American Immigration Lawyers Association (AILA) resulted in a number of unanswered questions regarding the change of address form, AR-11, but provided some insight into the I-140/I-485 concurrent filing processing procedures.

AR-11

The AR-11 is the change-of-address form. As we have previously reported, the INS requires that foreign nationals provide notice of change in address within ten days of moving. Therefore, many questions regarding the Form have arisen. These questions, which the ISD is looking into, include the following issues:

Temporary Address Changes
Form AR-11 has a place for indicating temporary address changes. Of course, many have wondered exactly when it is necessary to advise the INS of the "temporary" move. It is not clear exactly where to draw the line between travel that is not a "move" and a temporary relocation. It is also unclear when it is necessary to inform the INS of extended stays away from one's ordinary residence, if the ordinary residence has not been abandoned. This issue is particularly confusing for those whose employment requires travel for various short-term assignments.

While the ISD did not provide any guidance on this issue, please note that the AR-11 does have a space for "temporary" moves. Therefore, there is clearly some point at which it is necessary to inform the INS of these short-term relocations. For the present, it may be safest to follow the old adage of "better safe than sorry" and file the Form for any extended absence from the ordinary residence. If one does not have a case pending, then there is no concern about INS' forwarding information to a "temporary address." If there is a case pending, the INS has stated that it is still necessary to follow the address update procedure for the office where the case is pending, and that office will send notices and other correspondence to the address that they have on file in connection with that application. Therefore, it appears that the AR-11 information should not cause misdirection of INS notices.

Mailing Problems
Other issues include instances of the return of the AR-11 Forms by the U.S. Post Office as "undeliverable" when they are sent by certified mail. This action has caused great concern, as there are significant potential penalties for failure to file the Form. For that reason, it is important to obtain proof of submission of the Form, and certified mail has been a useful method for that purpose. It is unclear why some of the Forms were being returned, but ISD apparently is looking into the problem. Please note that the incidents cited involved only a limited number of the Forms, and certified mail continues to be useful in establishing that the AR-11 was filed with the INS.

Past Address Changes
Also raised was the important question of whether one who did not comply with the address notification requirement in the past, needs to now provide all past changes in address or only the current, relevant address. We would expect that these individuals would only have to supply current addresses. If the purpose is to notify the INS of one's location, old addresses only add to the volume of paper the INS has to process, without providing any useful information. Again, ISD has promised to address these issues and answer AILA's questions, in a future discussion.

I-140/I-485 CONCURRENT FILINGS

The ISD confirmed that I-140s will be screened upon receipt. If there is clearly no legal basis for the I-140, it will be placed on a track for denial. This will apply also to all the petitions and applications filed that were based on the I-140, if these were filed concurrently. All other cases not falling within this "frivolous" classification will be routed for further processing. The ISD expects that the I-765 (Application for Employment Authorization Document) will be processed within 90 days of filing, unless the case upon which it is based fits within the "frivolous" group, which is tracked for denial.

The ISD also noted that I-140s requiring labor certifications will no longer be accepted without the labor certification attached. These cases will be rejected and returned along with the filing fees. On occasion the U.S. Department of Labor either does not send the approved labor certification, or it gets lost in the mail. In such instances there is a procedure for INS to request it. It apparently would still be possible to file I-140s, but, as ISD indicates above, such a petition could not be filed concurrently with the I-485.