Advisory On USCIS Change Of Address REQUIREMENT

The U.S. Citizenship and Immigration Services (“USCIS”) recently reiterated its rule requiring that all foreign nationals, including lawful permanent residents, who are in the United States for thirty days or longer report each change of address to the USCIS.  While the change of address notification provision is not new it has not been enforced in the past, and there is some concern by the Immigration Bar that the requirement is not as inclusive as USCIS suggests.  Nonetheless, the USCIS reminder indicates that the agency will begin to enforce this requirement as though it were applicable to all non-citizens.

Accordingly, within ten (10) days of moving you should mail a completed USCIS Form AR-11 for yourself and each family member to:

Department of Homeland Security

U.S. Citizenship and Immigration Services
Change of Address
PO Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services, only:

U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

The form is available at: http://uscis.gov/graphics/formsfee/forms/ar-11.htm

We suggest that you make a copy of the form prior to mailing and that you send it by certified mail, return receipt requested, so that you will have proof that the USCIS received it.

The Immigration and Nationality Act provides that failure, by a person who is required to provide the notice, to notify the USCIS of the change of address is a misdemeanor that carries a fine not to exceed $200 and/or imprisonment of not more than thirty days, or both.  Further, the Act contains an additional extremely harsh penalty: any foreign national who fails to give written notice of the address change within 10 days shall be taken into custody and placed in removal proceedings.