Forgot to file Change of Address?

akshtray

Registered Users (C)
I got my Conditional GC in June 2004. We moved in May 2005 as my wife and I bought a new house. However, our address was mentioned as a P.O Box that we still get mail at and neither my wife nor I have submitted the AR-11 or I-865 following our move. I will be submitting the I-751 next year and am unsure about a couple of things:

1. Do we need to submit the AR-11 and I-865 or not?

2. Should we submit the AR-11 and I-865 immediately or with the I-751?

3. Will there be any problems as there is already a delay between our actual change in address and our submitting (possibly) the AR-11 and I-865?

Thanks.

AP
 

akshtray

Registered Users (C)
Thanks Joe.

However, since I am already around 4 months late for the AR-11 and I-865 both will there be any issues with submitting them this late? I honestly didnt see anything on either of those 2 forms asking for date of move or the time or residence so I think I might be ok even if I do it right now?

Any thoughts? Once again, I will really appreciate the help.

Once again.

Thanks.

AP

Edit::

P.S: Anything else other than the 2 forms above Joe? I know that we need to submit the I-751 around Apr/May'06 but nothing else till then?
 
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akshtray

Registered Users (C)
Great! Thanks Joe, I will be filing them right away. I just hope that this does not turn out to bite me in the behind.

AP
 

wurzbach

Registered Users (C)
akshtray said:
I got my Conditional GC in June 2004. We moved in May 2005 as my wife and I bought a new house. However, our address was mentioned as a P.O Box that we still get mail at and neither my wife nor I have submitted the AR-11 or I-865 following our move. I will be submitting the I-751 next year and am unsure about a couple of things:

1. Do we need to submit the AR-11 and I-865 or not?

2. Should we submit the AR-11 and I-865 immediately or with the I-751?

3. Will there be any problems as there is already a delay between our actual change in address and our submitting (possibly) the AR-11 and I-865?

Thanks.

AP

"An alien is excused from failing to notify the INS of a change of address, ...... if the Service never actually provided the alien with written notice of the address notification requirement, which is what happened here." Singh v. Gonzales, 412 F.3d 1117

Take a good sleep, now.
 

AmericanWannabe

Registered Users (C)
Does I-94 instruction say one has to notify the government of his address
and cny changes later? If so, then everyone is issued a written notice
anyway (except illgeal immigrants who don't get I94)
 

wurzbach

Registered Users (C)
JoeF said:
How do you know that this case a) applies here, b) is precedent-setting, and c) hasn't been overturned?
Simply claiming to quote some case # doesn't show anything. It only shows that you have a vivid imagination.
Quote the whole decision, including link so that others can actually verify it.

INA 266 (http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act266) says:
"(b) Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 265 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 265, shall be taken into custody and removed in the manner provided by chapter 4 of this title, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful."

And after 9/11, people have been deported for failing to file an AR11.

Update: I now have searched the court case that Wurzbach quotes from, and I am (of course) right. The case is here: http://caselaw.findlaw.com/data2/circs/9th/0372197P.pdf
The address notification requirement the court decision talks about has nothing to do with the AR-11. It has to do with reporting the address change to the asylum office, where Mr. Singh's asylum case was pending. Furthermore, Mr. Singh left the US, so the AR-11 requirement obviously didn't apply to him.



1) I never said you do not need to file AR-11. Yes. everyone here needs to bahave according to the guidelines from INS.

2) The case I cited said "excused". It should be read as: if you failed to follow the guidelines from INS, your failure can be excused (as evidenced by INA 266, last sentence.) and the consequence is not serious (maybe $200 fine) as long you are reasonably ignorant of the requirement .

3) The case I cited was decided on June, 2005. The asylum is also a function of INS. That the case did not mention AR-11 does not mean that this case cannot be a precedent for any AR-11 cases.

This is my last response for this issue.
 
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AmericanWannabe

Registered Users (C)
wurzbach said:
You are really enjoying of fighting.

2) The case I cited said "excused". It should be read as: if you failed to follow the guidelines from INS, your failure can be excused (as evidenced by INA 266, last sentence.) and the consequence is not serious (maybe $200 fine) as long you are reasonably ignorant of the requirement .

This is my last response for this issue.

Excused from deportation not from conviction.
 

Apollo_13

Registered Users (C)
Don't take such cases as an example. People will not get 'Excused' all the time. In this case the judge was not that strict or the person had a genuine reason for failing to notify his address change. Its dealt case by case basis.

File AR-11 within 10 days of your address change..Period. No exceptions...

In case if you have forgotten to file within 10 days, atleast file as soon as you realise that. This will show that at least you took the responsibility of filing AR11 even though you have forgotten to do in on time. When someting goes wrong and it goes to court, who knows the Judge might forgive you (because at least you filed it).
 

pralay

Registered Users (C)
Apollo_13 said:
Don't take such cases as an example. People will not get 'Excused' all the time. In this case the judge was not that strict or the person had a genuine reason for failing to notify his address change. Its dealt case by case basis.

As an additional note, that specific case is not about getting "excused" from INA compliance of AR-11. AR-11 is a DHS requirement. Change of address with USCIS Service is not about INA compliance.
For example, you moved to another place, filed AR-11. But you forgot to change address in the service center where your I-485 is pending. Then USCIS sent the FP notice at your old address. As you did not receive FP notice, you missed it and your I-485 is denied. In this kind of situation, you can be "excused" by immigration judge in appeal. But it has nothing do with AR-11 (but it fact filing AR-11 on time can be a strong argument that I-485 denial was unfair).
 
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thankful

Registered Users (C)
pralay said:
As an additional note, that specific case is not about getting "excused" from INA compliance of AR-11. AR-11 is a DHS requirement. Change of address with USCIS Service is not about INA compliance.
For example, you moved to another place, filed AR-11. But you forgot to change address in the service center where your I-485 is pending. Then USCIS sent the FP notice at your old address. As you did not receive FP notice, you missed it and your I-485 is denied. In this kind of situation, you can be "excused" by immigration judge in appeal. But it has nothing do with AR-11 (but it fact filing AR-11 on time can be a strong argument that I-485 denial was unfair).


To the extent that this decision excuses someone from notifying the service center of his address change (which it may or may not do; I currently do not have the time to read the whole opinion in detail), it applies only within the Ninth Circuit of Appeal (basically the western part of the country plus Alaska and Haiwaii). It has no binding authority outside the 9th circuit.
 

hmd

Registered Users (C)
i have been out from forum for a while. got the GC (physical card in Jan 05)
Moved to new address on June/july 05. I know we have to inform CIS after 10 days of the move and i am planning to do that ASAP as i need to go abroad in 3 to 4 days.

What are the implications if any of this late notification when i try to enter US ?

Even if i send it tommorow by certified mail it will take few days to reach them and then quite a few days to get the system updated ( hopefully)
 

pralay

Registered Users (C)
hmd said:
Moved to new address on June/july 05. I know we have to inform CIS after 10 days of the move and i am planning to do that ASAP as i need to go abroad in 3 to 4 days.

You are not going to inform CIS. You have to inform DHS by filing AR-11.


hmd said:
What are the implications if any of this late notification when i try to enter US ?

No implication as long as you have proof of filing AR-11. Send AR-11 in certified post and save mailing receipts.


hmd said:
Even if i send it tommorow by certified mail it will take few days to reach them and then quite a few days to get the system updated ( hopefully)

Don't be bothered or worried about "system update". As long as you have proof of filing AR-11 (receipt of certified mail), you are fine.
 
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