Change of address

[cpdelin]

Hi,I would like everybody to read this posting. Yesterday I was listening to knx 1070 AM. They were saying that there is rule of INS that when a permanent resident (green card holder) moves, he or she is supposed to report the change of address to INS within 10 days of moving. Otherwise he/she could be deported. Is it true? They were also saying that it is very old(50 year) rule and till last year the INS was not enforcing it, but now they are very particular about it. Please post your experiences/thoughts here.
Thanks.

[JoeF]

Re: Change of address

That is correct. This has been in the law for ages (although probably not for 50 years).
Before 9/11, it just hadn't been enforced.
You can thank the terrorists for the change...

[gcforbera]

Re: Change of address

Yes, I have the same information. It appears that the possible penalties for not notifying a change of address are: 1. Monetary penalty and/or 2. Imprisonment and/or 3. Deportation.

[thk94001]

Address change

Though I see nothing much wrong with the reenactment of this law, I can tell you it will create hardship. Instead, non-citizens who move and file an address-change with DMV (Dept of Motor Vehicles), should be exempted and INS could take just the address change information from DMV's database everyday.

Second, there should be a toll-free number and a website, where a non-citizen can check with INS whether or not his updated address is registered with INS. Absence such a mechanism, the law should not be reenacted.

There should be "defined" penalties and not a case-by-case or ad hoc penalty. Such as $500 fine for first violation or 10 day jail time. Besides, this time or fine should not be made a permanent criminal record. Nor it can be used to run a criminal check for employment or credit except for INS purposes. In no circumstances, INS can deport a non-citizen for failing to report the address change if the person never had any criminal history. In addition, these cases should be treated differently than other INS violations such as visa overstay and the non-citizen must have an access to his or her lawyer.

If an address change is within a zip code, a non-citizen should not have to file for an address change.

A person who has been in the USA for more than say, 3 years and has had no criminal history, should be given up to 90 days to file an address change.

In addition, INS can never charge a fee for this. It should be mandated by the lawmakers never to charge a fee.

Absent all the caveats like this and some more, this law will create unnecessary hardship to non-citizens and create resentment or a feeling of persecution. That will not help US counter the terrorism.

[JoeF]

Re: Address change

What kind of "hardship" are you talking about??? All that you need to do is sending an AR11 form to Washington. Hardly stuff I would call "hardship".
Your suggestions are all nice, but you are addressing them to the wrong people. Good luck in DC...

[thk94001]

Address change

1. Many non-citizens don't know English or Spanish. One more form to fill out is pain or hardship.
2. Currently INS does not acknowledge the receipt of AR11. The way the address change clause is proposed, it sounds the burden of the proof lies with the non-citizens. INS is "well-known" for its "data-keeping". What happens if INS does not correctly change the address and later on comes after non-citizens for failing to report address change? The non-citizen is put in to hardship.
3. Worse, if non-citizen has to hire lawyer as a result, it represents financial hardship in addition to mental stress.
4. In the worst case if one is deported, one faces hardship beyond imagination.

In other words "Absent all the caveats mentioned in the original post and some more, this law will create unnecessary hardship to non-citizens".

I have already addressed the concerns to the people in power. But, I still post to the board hoping readers will also take some points, come up with some of their own and then talk to their lawmakers about adding such clauses. When the regulations or rules are drafted, people better speak at that time. At least for readers and knowledgeable people, if later they find themselves in hot waters due to reenactment of this law, they should not complain if they remained silent when the law was reinforced and they had chance to voice their concerns.

[JoeF]

Re: Address change

Send it registered. Again, not much of a "hardship".
Not knowing English? How would you get around in this country???
All the other things are just paranoia.
And, as I said before, the requirement to inform INS about address changes has been in the law for years. So every non-citizen already had to do that. Nothing has changed, really.

[gcforbera]

Re: Address change

I agree with JoeF. The needed actions to keep INS abreast of an immigrant's current location are definitely not hardships. At least not as hard as to spend millions of tax payer's (read our own) dollars to find terrorist fugitives later on. Come on, let's be responsible, and give something back. We owe at least this to the INS and to ourselves!

[rvd1234]

Keep a copy of the same

To answer your question 2), keep a copy of the same with (AR-11) just in case.

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2. Currently INS does not acknowledge the receipt of AR11. The way the address change clause is proposed, it sounds the burden of the proof lies with the non-citizens. INS is "well-known" for its "data-keeping". What happens if INS does not correctly change the address and later on comes after non-citizens for failing to report address change? The non-citizen is put in to hardship.

[JoeF]

Re: Keep a copy of the same

Sure, you should keep a copy of all your correspondence with INS. That is just common sense.

Also, there is such thing as being too paranoid. Just keep copies of everything, and send the AR-11 in a registered mail, and they can't do anything. Use common sense.
I still do not see where the "hardship" is. While I'm the first one to bash INS for their sloppy handling and incompetence, this particular AR-11 topic is really not an excuse for complaining about "hardship". There are lots and lots of other INS screwups that really cause hardships. This is not one of them, it is merely an inconvenience.
So keep the word hardship for things that really deserve that word.

[tafn430]

Filling out AR-11

Couple of questions for you guys.... I just found out about this Change of Address thingie...

1. What happens if you miss the 10 day deadline simply cuz u weren't aware of it.

2. Is it better to send registered or certified...should we make the INS sign for receiving the mail it or is that not a good idea?

3. Also is this form needed for ppl who already have a green card cuz reps on the 800 INS number say u don't need to..

4. Lastly and most importantly...my wife received her GC and traveled abroad and back ... Now the AR-11 form asks for a port of entry.. but I don't see a port or date of entry for this visit. Is the passport not stamped on entry if you have a GC? Should I use her last stamped entry date and location?


Thanks

[JoeF]

Re: Filling out AR-11

> 1. What happens if you miss the 10 day deadline simply cuz u weren't aware of it.

You become deportable, according to the law. INS has said, though, that they won't enforce it retroactively. It remains to be seen if they can be trusted on this.

> 2. Is it better to send registered or certified...should we make the INS sign for receiving the mail it or is that not a good idea?

It certainly is better to have proof, e.g., by sending it registered. This way, if INS would accuse you of not sending it in, you can prove that you did.

> 3. Also is this form needed for ppl who already have a green card cuz reps on the 800 INS number say u don't need to..

NEVER believe anything these people tell you on the phone! They are not trained in the law.
By law, every alien, that is everybody who is not a US citizen, has to send in AR-11 within 10 days of moving. Period.

> 4. Lastly and most importantly...my wife received her GC and traveled abroad and back ... Now the AR-11 form asks for a port of entry.. but I don't see a port or date of entry for this visit. Is the passport not stamped on entry if you have a GC? Should I use her last stamped entry date and location?

The port of and date of entry are from the last return to the US. There usually is an entry stamp in the passport. Even if not, your wife most likely will know when she came back and through which airport.

[rita5792]

Re: Filling out AR-11

Gee, I didn't know that we need to file AR-11 if we moved. We moved last year. I am on the conditional green card and can remove the condition as early as Jan 2004. Should I still mail in the AR-11 now? or any suggestions?

[Cloudsims]

Re: Filling out AR-11

Hey JoeF, if you havn't had a look at the AR-11 lately they updated it. One no longer sends a copy to the washington DC office its now.

Immigration and Naturalization Service
Change of Address
PO Box 7134
London, KY 40742-7134

I just happened to be browsing one day last week and noticed it.

Joanne

[JoeF]

Re: Filling out AR-11

Yup, I know. They also put up a webpage that explains that it should be sent certified or with return receipt.
www.bcis.gov/graphics/howdoi/address.htm