ADDRESS CHANGE ISSUE - On The Horns Of A Dilemma...

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Most people interested in the current state of immigration affairs must have by now heard the news about the deportation proceedings against a green card holder for failure to notify INS of an address change. In case you haven't, go to Immigration Alert! Failure to Inform INS Promptly of Change of Address May Land You in Removal Proceedings

An important question is this: For somebody with a current case (such as I-485) pending with INS with their current address, will any unreported address changes in the past be held against them?

There seem to be two opinions:

One, as expressed by a user of this forum, jaxen, states "If you have sent (like EAD app, 485 app) with the current address, then you are fine." here's his post: What was the last document

On the other hand, a radically different opinion was expressed in Matthew Oh's www.immigration-law.com Breaking News section:

Updated 07/15/2002: INS HQ Clarifies Address Change Requirements

The AILA liaison minute with the INS HQ (ISD) reflects that the alien's report of change of address as part of any pending application or petition proceeding does not satisfy the requirement of filing of AR-11. Accordingly, people need to notify the INS of the change of address in each pending application/petition proceedings and also mail out the completed AR-11 form for each individual. For instance, if the EB-485 filer moves, he/she should notify the Service Center of the address change and apart from such notification to the Service Center, he/she should also complete and mail AR-11 to the address which is printed on the form.

So, Gurus, how do you weigh in?
 
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Adrress change

Do we have to report the address change only if we are in the i-485 change ( moved after filing for i-485 adn before approval )or anytime since you started your green card proceedings.
 
guts, the law requires...

...all non-citizens to be registered with the INS, which includes everyone with nonimmigrant (B, H, or whatever visa) status, as well as Permanent Resident status (i.e. green card holders)! The person facing deportation who is featured in the Atlanta Journal-Constitution article is a greencard holder, so is his wife, and two kids. his other two kids are citizens.

As part of this registration law, it is the responsibility of the alien to report changes in their address within 10 days of moving.

While this law has been on the books for a long time, INS has suddenly decided to enforce it strictly only now, since 9/11.

Obviously, every resident and nonresident alien will report their address changes now, but the question still remains: what to do about previous address changes, in the days when the law was not strictly enforced.

Any opinions?
 
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>>what to do about previous address changes, in the days when the law was not strictly enforced.

Any takers for this question?

Srini
 
My opinion

I did not mean to sound light heartened when I answered that question.
However here is my take:
Post 911 every single issue is taken and seen with a magnifying glass. So if an old lady in the aisle seat thinks you are a threat because of the color of your skin or the spicy food you are eating, you will be mercilessly subject to intense scrutiny. If you have a small infringement like a failure to file AR11, you can bet your horses that you will be deported. This is the current reality. There is no compassion for the brown skinned!

So should we file AR11? If I were you I will file it today if I have not done so.
If it had been more than 10 days after the address change (markers might be 10 days from a new drivers license or 10 days from changinf your car registration etc.) U cannot change history. Send the AR11 now .

Coming to the post from AILA, IMHO, it is in agreement with what I have posted. I said that if you have informed INS in your recent applications (765 , 131, RFE response) the change of address (cautious people should still use AR11 alongwith) U are fine. In my opinion You can argue with the judge that address change was notified to INS...
Of course this is armchair opinion (laden with overconfidence?). I am not a soothsayer neither do I want to cause a panic reaction.

Do you know that in most of the centers the AR11 have piled up and a few of my friends who promptly sent AR11 had to call INS and make the change orally? So You need to have proof of filing AR11 too.
 
thanks for your reply, jaxen... follow-up question...

if i understand you correctly, you suggest that if in case somebody has not filed an AR-11 for any address changes in the past, they should do so now, even if the current address is already on file with INS due to a pending case, such as I-485.

in my case, i had changed addresses in 1999, 2000 and 2001, the last after my LC was filed, but before my I-140 and I-485 were filed. my I-485 receipt notice, and my FP notice were mailed to me by INS on my current address.

so, should i still file an AR-11 for my old address changes? if so...

1. for which one, the very last one, or all of them (which number around 4)?

2. when my current address is already on file with INS, wouldn't sending in an AR-11 with the same address cause some confusion now?

i guess we are sort of splitting hair here, but given the seriousness of the consequences, i daresay it is warranted.

what say you?
 
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Answer in Para 3...

read my post ...
According to the ILW you have quoted, if you change your address after filing 485, you should inform INS by filing AR11...
 
Hi,

I live in california and my I-485 at CSC has been pending for 5 months.

I got laid off from my job a couple of months back and now I am actively searching for another job.

I plan to take up a new job using my interim EAD card.

The problem that I am facing that the new job might be in the state of Washington which falls under NSC unlike california which falls under CSC.

So my questions are:

1) Can I accept the new job in a different state? The job is similar to the job from which I got laid off.

2) If I accept the new job and move how will it impact my I-485 process?
3) Should I maintain an address in california or get my address changed to washington? Will it help if I delay taking up the new job for a month so that the six month period since the filing of my I-485 is over.
 
Jaxen,Help

Jaxen,
Here is my case:
I lived in address A when I filed and got my 140 approved.But Just before filling my 485 I moved to my friends place(apt is in his name) i.e address B.
I filed 485 with address B.After that I had to go to CA for a short term project and have rented a apt here in CA. I am physically staying here but all my belonging (car etc) are still at my friend's adress i.e address B.Even my driver's licence is as per address B.
Should I file Ar-11?
I am confused since I will be moving back to address B any time in next month or two?

Thanks in advance.
 
answers

Texy, as long as you still have the old address drivers license id, this is a temporary move. I dont think you need to file AR11

ca to wa
1. Yes U can accept the job in a different state.
2. Might get transferred under new jurisdiction and causing some heartburn until approval. Choose between 2 evils.
3. Some lawyers opine that way (to wait till 6 months). My personal take is no need as long as you are not in CSC (original or transferred).
My opinion changes:)))
 
so What's the conclusion guys ?


My I-485, AP, EAD, FP has my current address.

but before that when I was in H1 status , I did have a address change about a year ago.

DO I need to fill Ar-11 for the address change I have had a year prior to filling AOS now ? or I am OK since I my new address appears on I-485/ead/ap/fp etc.

Also On I-129 form, i haven't seen anywhere you have to put Aliens address, it is the petitioners address, so approval notice also has petitioners address.

Guys please comment.
 
Moving after getting the GC

Many of us plan on moving on and changing the current employer (GC sponsor; and concurrently the adddress) in some time after getting the GC (say, less than 6 mo after GC approval). Until recently, the INS would not have been aware of such a change (considered illegal if one follows the letter of the law) until the GC holder files an application for naturalization since no one would have filed the AR-11 (which also asks about the current employment info). Until recently. Now that we'd better inform the INS about moving we inevitably have to reveal the employment situation too.

In case you plan to change your employer (and address) after getting your GC would you have guts to send the AR-11?
 
This might provide some answers... or raise more questions!

Here is some commentry by Matthew Oh on his www.immigration-law.com website:

Updated 07/26/2002: INS Published Proposed Regulation to Enforce Address Change Report Requirement

* As a part of its efforts to force the aliens properly file address change reports, the INS will change various application/petition forms adding the alien's acknowledgement of notice of requirement of such legal obligation to report the address change and set forth the legal consequences of failure to file such report including absential hearing and decision and denial of immigration benefits in the event of failure to deliver communications to the aliens because of the alien's failure to file notice of change of address. This will become effective once the INS revises all the relevant application forms adding such acknowledgement section.

* Who is subject to the Address Change Report Requirement? All immigrants, nonimmigrants and other aliens who fall under the following category:

- 14 years or older
- Stay in the U.S. more than 30 days. Therefore, children under 14 years will not be subject to consequences of failure to report the address change even if they fail to report the address change. A temporary visitor who stays in the less than 30 days is also not subject to the address change report requirement and consequent purnishment.

* What are the consequences of failure? One or all of the followings:

- Criminal Punishment:
. Willful Failure: Imprisonment Not More than 6 Morth or Fine of $1,000 or both.
. Simple Failure: Imprisonment of Not More than 30 Days or Fine of $200 or both.

- Immigration Consequences:
. Custody and Removal (Deportation)
. Constructive Knowledge of Requirement and Absentia Hearing and Removal or Deprivation of Immigration Benefits

* People should not fail to file AR-11 within 10 days of address change!

* Caveat: "Acknowledgement" and its consequences are not in effect until new forms and final regulation are released, but address change using AR-11 and its consequences have been and are in effect now!!

Acknowledgement:
I am taking the liberty of copying this from Mr. Oh's website. He mentions in the breaking news section: "The sole purpose of this site is to serve the immigrant communities". It is in that spirit that i am passing this on. I hope that is ok with Mr. Oh.
 
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