Address Change AR-11 late filing

sunny808

Registered Users (C)
Strict liability offense means even mistake of the fact can not be a legal defense. An example is speeding, you cannot say you are not watching the odometer so you were not aware that you were driving 10 mph aboive the limit. But whether
the offense is trict liability or not, ignorance of law is never legal defense you can only use ignorance of law to argue
for some lenience.

It is understandable that laws should not allow ignorance of law to be used as legal defense otherwise everyone would
try hard to make himself as ignorance as possible to avoid legal punishment.

WBH, please re-read my post. Where do I even mention "ignorance of the law"? I said OP is safe if his failure to file an AR-11 is not knowing and willful. Willful means deliberate or on purpose or intentional and not just merely negligent.
Therefore, if it was not on purpose, there is no liability for the failure to file.

I base my opinion from USCIS apparent interpretation of 8 USC 1305 and 1306. From the USCIS website at http://ow.ly/1gCei:

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

OP said he thought he filed by mail but was unsure so he filed online. Does that sound like he failed to file on purpose? Or do you think USCIS interpretation is misleading?
 

WBH

Registered Users (C)
WBH, please re-read my post. Where do I even mention "ignorance of the law"? I said OP is safe if his failure to file an AR-11 is not knowing and willful. Willful means deliberate or on purpose or intentional and not just merely negligent.
?

His failure to report AR-11 was knowing and willful. It is knowing because he knew he did not file AR-11. It is willful because no one forced him not to file AR-11. It is unknowing only when , say he put the envelop containing his AR-11 into a trash dumpster thinking it is USPS mail box. It is unwillful only when he was hold up as hostage for 15 days after he moved so that he could not deliever his AR-11 to a USPS within 10 days.

This "knowing" has nothing to do with knowing the legal requirment or not. But rather this "knowing" is aboout whether he know the act of filing AR-11 or not

Again I say the OP is fine buit the reason is that USCIS does not really enforce this law not because he
can realyy legally defend himself.

The same logic for failure to file Selective service registration or not
 
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Vorpal

Registered Users (C)
While I agree late filing is not an issue, the example that they did not come after you does NOT imply that they will not give hard time to others.

If you want to talk about it with semantics in mind, then yes, the USCIS has the right to give a hard time to everyone who didn't file an AR-11 in a timely manner, and a vast majority of legal immigrants would be deported. I'm sure that if someone had a borderline case (like that Palestinian fellow a few years ago) and the USCIS was bent on deporting that person, they would make a big deal out of it and use it as an excuse. However, in a straightforward case, this is not an issue.
 

GungaDin

Registered Users (C)
emno, ignore the AR-11 issue. Sending it over a few days late isn't going to land you in handcuffs.
The reason why USCIS cannot successfully prosecute ANYONE for this is that in order to do that, USCIS would have to acknowledge receipt of the AR-11 (Otherwise how are you to know whether it actually got to USCIS or not). Either that or they would ahve to guarantee that mail is never lost.
This whole discussion is academic. This is like asking the following question to a theoretical physicist and a construction worker:
Q: A beautiful woman is 30 feet from you. Every second you can traverse half the remaining distance between you and the woman. When will you reach the woman.
A:Theoretical Physicist: I will never reach the woman as there will always be a finite distance remaining between me and the woman.
A:Construction Worker: Hmm... for all practical purposes, in about 7 seconds.
 

emno

Registered Users (C)
emno, ignore the AR-11 issue. Sending it over a few days late isn't going to land you in handcuffs.
The reason why USCIS cannot successfully prosecute ANYONE for this is that in order to do that, USCIS would have to acknowledge receipt of the AR-11 (Otherwise how are you to know whether it actually got to USCIS or not). Either that or they would ahve to guarantee that mail is never lost.
This whole discussion is academic. This is like asking the following question to a theoretical physicist and a construction worker:
Q: A beautiful woman is 30 feet from you. Every second you can traverse half the remaining distance between you and the woman. When will you reach the woman.
A:Theoretical Physicist: I will never reach the woman as there will always be a finite distance remaining between me and the woman.
A:Construction Worker: Hmm... for all practical purposes, in about 7 seconds.

Thanks GungaDin, you made my day. It was nice writing.

thanks again.
 

vegetablevn

Registered Users (C)
Thanks GungaDin, you made my day. It was nice writing.

thanks again.

Hi,

I agreed with you. Any way, your points of view make me thinking about some thing for my project.

Pls try to keep posting.

Apart from that, you also can ref more resources at: jobinterviewquestions.biz/job-interview-questions-for-construction-worker/
Tks and best regards
 
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