N-400 and possible failure to submit AR-11

D

dc45

New Member
My apologies for submitting another message on this topic.

I moved to my current address 5 years ago and I cannot recall submitting an AR-11 form (change of address.) I just became aware of the requirement and consequences by browsing this forum a few days ago.

My questions:
Should I submit one online prior to submitting my N-400 application (applying next week) or don't bother since it has been so long?
Would I be better off by submitting one this late than never? Or does it matter at all?
On the doubtful event that the USCIS already has my current address, does it hurt to submit the AR-11 form?

I've read a few posts of people indicating that failure to comply is not a big deal as the law isn't fully enforced; however I haven't yet found someone indicating that in their personal experience this was a non-issue.

I truly appreciate all your advice.
 
Not a big deal. You can submit with your current application, before, during or after N-400 application.

P.S. They are all very afraid of competent, aggressive and knowledgeable attorneys who know the law and know how to squeeze the juices out of them in the courtroom. They only give you a hard time if they assume you don't know your rights and don't know the law.
If you have any hard time hire a good immigration attorney, watch how they get toasted by immigration judge in the court room. Real fun !

Good luck.
 
Last edited by a moderator:
dc45 said:
Should I submit one online prior to submitting my N-400 application (applying next week) or don't bother since it has been so long?
Click to expand...

Better late than never. Make sure you file it before the N-400. Once you file the AR-11 so it reflects your current address, they (almost?) never care about past failures to file. In the only cases I know of where people got in trouble for not filing it, the individuals didn't file it at all since moving to their latest address.
 
Hi when did u get your GC, seems you are with me Nov 2007.


Jackolantern said:
Better late than never. Make sure you file it before the N-400. Once you file the AR-11 so it reflects your current address, they (almost?) never care about past failures to file. In the only cases I know of where people got in trouble for not filing it, the individuals didn't file it at all since moving to their latest address.
Click to expand...
 
Bobsmyth: I barely moved about 2 miles within the same city.

mogambo1: I got my GC in 2002; eligible for citizenship since 2007.
 
Legacy INS only ever used that charge ONCE to deport a scumbag who got off on a technicality.


8 CFR PART 265—NOTICES OF ADDRESS

§ 265.1 Forms. [This is way out of date!]

Except for those exempted by section 263(b) of the Act, all aliens in the United States required to register under section 262 of the Act shall report each change of address and new address within 10 days on Form AR–11. This form is available at post offices and Service offices in the United States. The completed form must be mailed to the Department of Justice, Immigration and Naturalization Service, Washington, DC 20536.


[47 FR 44239, Oct. 7, 1982]

INA 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(3) Failure to register and falsification of documents.-

(A) Change of address.-An alien who has failed to comply with the provisions of section 265 is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
................

INA 265 - NOTICES OF CHANGE OF ADDRESS

Sec. 265. [8 U.S.C. 1305]

(a) Each alien required to be registered under this title who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.

(b) The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this title, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require.

(c) In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian.
 
Unless the agent is a redneck DOG ( and if indeed a tyrannical REDNECK DOG works in disguise as an adjudicator, then hire an attorney and fry their behind in a courtroom as i numerously did in past) then nobody will deport you for failure to change address.

This law was intended to be used ONLY in post 9/11 air of measures necessary to defend the country from any additional threats.
Ashcroft, reminiscent of AG Bob Kennedy, demanded that any possible pretext be used to identify and deport any possible threat to national security.

This law was never intended to be abused and to place in deportation people who innocently forgot to update their mailing address and who had no malicious intent whatsoever in doing so.

Therefore, my advise, fear not hateful REDNECK DOGS who may ever cross your path and try to give you a hard time, we have US Constituion, Laws, Congress and Common Sense.
Redneck DOGS are nothing.

The LAW and ORDER are everything.

Good luck.
 
BigJoe, not everyone is Muslim Arab Palestinian.

Some have direct access and personal, work and study related , encounters with US Senator, State Department and even Pentagon officials who served in Vietnam.
Some abusive DOGS may actually get their behinds fried for targeting truly innocent individual.

I noticed some redneck , white supremacist and anti-immigrant organizations related RED NECK DOGS frequent public immigration forums to intimidate immigrants any way they can.

My word to all immigrants: do not let RED NECK DOGS intimidate you.
In America you have laws, constitution and rights.

Good luck to all N 400 applicants.
 
It is indeed, VERY RARE, for anyone to even be aware of the change of address ground for deportation. It has been brought up more often by aliens seeking to be declared out of status just so they can apply for some form of relief. A case in point was when someone wanted to qualify for LEGALIZATION (Amnesty) but in order to qualify, one had to be illegally in the U.S. This guy had actually maintained his student status legally.

(ID 3205)

H-, 20 I&N Dec. 693 (Assoc. Comm. 1993) http://www.justice.gov/eoir/vll/intdec/vol20/3205.pdf

(1) An applicant for temporary resident status under section 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a (1988), has the burden to establish eligibility for the benefit sought by a preponderance of the evidence. 8 C.F.R. § 245a.2(d)(5) (1993). The sufficiency of all evidence produced by the applicant will be judged according to its probative value and credibility. 8 C.F.R. § 245a.2(d)(6) (1993).

(2) Prior to 1982, section 265 of the Act, 8 U.S.C. § 1305 (1976), required any alien in the United States in a lawful temporary status to notify the Attorney General in writing of his address annually and at the expiration of each 3-month period, regardless of whether the address had changed.

(3) An alien who failed to comply with the reporting requirements under section 265 was amenable to deportation proceedings, unless he was able to establish that the failure was reasonably excusable or not willful. Section 266(b) of the Act, 8 U.S.C. § 1306(b) (1976).

(4) An applicant for temporary resident status pursuant to section 245A of the Act has established a credible claim to willfully violating the reporting requirements under section 265 of the Act when he has consistently advanced this claim not only on his initial Application for Status as a Temporary Resident (Form I-687), but also in an affidavit submitted to the Immigration and Naturalization Service, and at his adjustment of status interview.

(5) A nonimmigrant student who willfully failed to comply with the reporting requirements of section 265 of the Act is deemed to have violated his status and thereby to be in an unlawful status for purposes of adjustment under section 245A of the Act.

(6) The absence of mandatory annual and quarterly registration reports from Government files in violation of section 265 of the Act does not warrant a finding that the applicant's unlawful status was "known to the Government" as of January 1, 1982.
 
Must be an unfamiliar with the law student. For F-1 category the "unlawful presence" for the purposes of INA starts with the finding of the same by immigration authorities. Even if the student had indeed failed to maintain his status yet USCIS wasn't notified of the same, that student would still be considered in status (assuming he/sha had valid passport and I-94 with D/S written on it and within the term of his study). Therefore, the time of illegal presence can not be reversed to an earlier date where the actual failure to maintain the status occurred.

As to AR-11, the INA 237 is clear:

(A) Change of address.-An alien who has failed to comply with the provisions of section 265 is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

If anyone merely forgot to file AR-11, without any malicious or willful intent in doing so, then statute is not applicable. In vast majority of cases there is no gain, no motive in not filing the AR-11 (the only motive would be if person was already illegal and didn't want to disclose his/her status and so on).
The absence of willful intent not to comply can easily be argued by the immigration counsel before the adjudicating officer and all the way to Federal Circuit court, if necessary.
Therefore this statute is almost never applied in the real time cases , due to it being tremendous waste of resources. It would also require very unfamiliar with the law and too indignant to hire a counsel immigrant to allow this sort of charge stand in court.
 
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