Ar 11

[LuckyBastard]

I have never filed the AR11 form. Its been more than 4-5 yrs for me in US and I also received the GC recently.
I am now on the same addr for last 2yrs. and never filed AR11 when I moved here as I was not aware of this till now.
Do you guys think I should file it now or will it create any problem since it needs to be filed within 10 days of moving.

any suggestions...
Thanks

 

[pralay]

I have never filed the AR11 form. Its been more than 4-5 yrs for me in US and I also received the GC recently.
I am now on the same addr for last 2yrs. and never filed AR11 when I moved here as I was not aware of this till now.
Do you guys think I should file it now or will it create any problem since it needs to be filed within 10 days of moving.

any suggestions...
Thanks

Later is better than never. It's always good idea to file AR-11 anytime if you missed it in past. Send it in certified post and keep a proof.

 

[TheRealCanadian]

The AR11, at least when I filed it, has no spot to say when you moved. Therefore, you can file it late without making a false statement. Generally, USCIS is aware that probably hundreds of thousands of aliens have failed to do this over the years, and generally speaking won't make an example of you unless a) they want to deport you for some other reason and don't have enough proof; or b) you don't file going forward.

Just make sure they have your latest address and you'll be good.

 

[pralay]

a) they want to deport you for some other reason and don't have enough proof;

Al Capone was convicted not for organized crime, but for tax evasion.

 

[AmericanWannabe]

Law itself does not say you have to use AR-11. It only says you need to
inform the government of your new address. Since you got your GC sent
to you, then the government must have you address already.

So at most you are violating federal regulation but not federal laws

 

[pralay]

Law itself does not say you have to use AR-11. It only says you need to
inform the government of your new address. Since you got your GC sent
to you, then the government must have you address already.

Hmmm. How about this logic: Last year I changed my address. This year I filed federal tax, so IRS (US govt) knows my address. So I don't need to file AR-11.

USCIS is just an agency under DHS. Just informing an agency (or existance of your address to that agency) is not enough. INA 265 says the alien must inform to attorney general (secretary of DHS in today's government). And in current law, AR-11 is the only way to inform DHS secretary.

 

[AmericanWannabe]

Hmmm. How about this logic: Last year I changed my address. This year I filed federal tax, so IRS (US govt) knows my address. So I don't need to file AR-11.

USCIS is just an agency under DHS. Just informing an agency (or existance of your address to that agency) is not enough. INA 265 says the alien must inform to attorney general (secretary of DHS in today's government). And in current law, AR-11 is the only way to inform DHS secretary.

By government, I meant DOJ-INS/DHS-CIS. When you
renew your visa, you tell USCIS your addresss. SO you
can inform USCIS of your address change without AR-11.
Suppose you just coincidently always apply for
change of status and move at the same
time, then you meet INA265 all the time
without using AR-11.

 

[pralay]

By government, I meant DOJ-INS/DHS-CIS. When you
renew your visa, you tell USCIS your addresss.

First of all, merely applying for certain benefit (renewing visa in this case) is not "informing to DHS about your address". If you applied I-485, then you applied I-485 for the purpose of getting GC -and ONLY for that purpose. Legally, I-485 does not serve any other purpose (like updating address to DHS).

Secondly, USCIS is not DHS and DHS is not USCIS. USCIS just an agency under DHS. They are not same (even if you keep adding dash "-" between their names).

Thirdly, if you update address for any pending application in USCIS (for example EAD, I-485, AP), sometimes USCIS sends letter advising to file AR-11 (if your argument is true, then filing AR-11 is not required and they would not advise you to do that).

 

[AmericanWannabe]

Hmm, you forgot the regulations of 8 CFR. They indeed say which form you have to use...

If regulation X is about Law #, Does any law say violation of Regulation X
is also violation of Law #? If not, what is the penalty of violating 8CRF
without violating Law #.

the current AR-11 is even already expired. One can argue that
he thinks one is not supposed to use expired forms.

 

[pralay]

If regulation X is about Law #, Does any law say violation of Regulation X
is also violation of Law #? If not, what is the penalty of violating 8CRF
without violating Law #.

Regulation is guideline in stricter form. If you don't follow regulation X you are not conforming with Law #.

the current AR-11 is even already expired. One can argue that
he thinks one is not supposed to use expired forms.

Where did you get this kind of information?


I think you are more interested of playing with the words in the law/regulation than trying to understand the original intent/spirit of the law. Do it with your own risk, but please don't (mis)advise others that it's not required to file AR-11.

 

[AmericanWannabe]

Where did you get this kind of information?

I think you are more interested of playing with the words in the law/regulation than trying to understand the original intent/spirit of the law. Do it with your own risk, but please don't (mis)advise others that it's not required to file AR-11.

AR-11 form has an expiration date on it and it already passed. You can take
a look at the form. Regarding the original intent, the intent is to let
the immigration authority know where an alien is and since they got
the alien's address thru aplien's own application papers, the original intent
is perffectly met. So arguing about the original intent favor such an alien.

I am not saying one should take a loose attitude about AR-11. One should
file it and I did it myself. But the original poster (LuckyBastard) is talking
about the past. He did not file AR-11 but the immigration
apparently already has his current address because they sent the
GC to this address. SO I am just try to ease his fears. of course,
I still advise him to file a makeup AR-11. But he
can keep both a cipy of his AR-11 form and his old GC application
If he is to be prosecuted for this (if LuckyBastard turns uynlucky),
he can at least use both the fact that he filed AR-11 though very
much later and the fact that he did notify INS of his curreent address
though without AR-11 to mitigate the charge


If we talk about strictness, then filing AR-11 now does not help
anyway because 10 days limit is already passed. In my opinion,
notifying the INS within 10 days without AR-11 is much better
than notifying them with an AR-11 after 10 days.

 

[AmericanWannabe]

Just as you said in one of your earlier post that later is better than
never, I'll have to say notifying INS in time without AR-11 is alos
better than never.

 

[pralay]

AR-11 form has an expiration date on it and it already passed. You can take a look at the form.

Not sure what are you talking about. Whatever the forms you get in USCIS are latest forms and there is no expiration date until a new revision comes up.

Regarding the original intent, the intent is to let
the immigration authority know where an alien is and since they got
the alien's address thru aplien's own application papers, the original intent
is perffectly met. So arguing about the original intent favor such an alien.

First of all, just knowledge of your address to "immigration authority" is not enough. Every law has its own protocol. If you want to inform DHS secretary about your address you need to file AR-11. So if Harry, John, Sally in USCIS know your adress, that's not equivalent of filing AR-11.

It's not rocket science. Even many things of our everyday life have protocols. If I need to update my address of my savings bank account either I call up customer service or I go a bank branch to update address. I don't complain to them "I recently opened a credit card account (with the same bank) with my new address. How come you did not pick up my new address from there and update my savings bank account?".

He did not file AR-11 but the immigration
apparently already has his current address because they sent the
GC to this address.

First of all, if you don't understand the difference between "immigration" and "DHS", the whole discussion is useless.

INA265 is not about "apparently already has his current address", but about "he, an alien, informing to DHS".

If we talk about strictness, then filing AR-11 now does not help
anyway because 10 days limit is already passed.

But later is always than never. If he files NOW, atleast he informed to DHS. Atleast he won't be accused of "never informed DHS".

In my opinion,
notifying the INS within 10 days without AR-11 is much better
than notifying them with an AR-11 after 10 days.

Again, INS is NOT DHS.
Secondly, applying for immigration benefit is NOT "notification of address". When you are applying for immigration benefit (say applying for GC), you are just giving an address for correspondence - the address where USCIS can contact you. When you are applying for I-485, there is no rule/restriction that says the address has to be the place where alien lives physically. In fact I know a person who put his office address and got his GC in office address. But for INA265 has restriction and the address must be the address where alien lives.

 

[pralay]

Just as you said in one of your earlier post that later is better than
never, I'll have to say notifying INS in time without AR-11 is alos
better than never.

INS != DHS

Next time when you change your address, send a phone directory of your new residential area to INS (not DHS), so that they can obtain your address from directory.

 

[AmericanWannabe]

INS != DHS

Next time when you change your address, send a phone directory of your new residential area to INS (not DHS), so that they can obtain your address from directory.

I use government, INS, DHS ,USCIS, DOJ interexchangeably so bear with me.

 

[LuckyBastard]

From all this discussion I think I should go ahead and post the AR11.
Thanks for all your inputs.

 

[grunggy]

FROM THE USCIS WEBSITE

Who Must Comply?
All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263).

How Do I Report?
All aliens changing their address must file Form AR-11 with the USCIS address listed on the form. That address is:
U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services, only:

U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744

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.