Atlanta Immigration Judge William A. Cassidy declared that the federal government cannot deport legal immigrants for not willfully failing to report a change of address.
While ADC fully agrees with and supports Judge Cassidy’s decision, ADC is releasing the following immigration law advisory statement:
ADC urges members of the immigrant community, and anyone visiting the United States in any capacity for a period of more than 30 days, to properly report to the Immigration and Naturalization Service (INS) any change of address within ten (10) days of relocating. This law applies to anyone who is 14 years or older and stays in the country for more than 30 days.
Unfortunately, Judge Cassidy’s decision does not prevent the INS from enforcing the change of address notification requirement and thus initiating deportation proceedings against anyone who fails to properly report their change of address.
According to the Immigration and Nationality Act (INA):
Section 265, 8 USC 1305(a) Notification of Change – “Each alien required to be registered under this title who is within the United States shall notify the Attorney General [INS] 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 [INS] may require by regulation.”
Section 265, 8 USC 1306(b) Failure to Notify Change of Address – “….any alien who fails to give written notice to the Attorney General [INS}, 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 [INS] that such failure was reasonably excusable or was not willful.”
If you have any questions concerning this issue, please contact the ADC Legal Department by calling (202) 244-2990, faxing (202) 244-3196 or sending an email mailto:legal@adc.org
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Under the law, anyone who is not a U.S. citizen must notify the INS of any change of address within 10 days of relocation if the person has moved since his or her first admission to the United States. Failure to comply with the law is a misdemeanor, punishable by a $200 fine, and/or up to 30 days in prison and can constitute a violation of one’s immigration status making one subject to deportation.
The law affects:
– Legal Permanent Residents (green card holders), Asylees, or Refugees;
– Non-citizens with valid non-immigrant status, such as students, visitors, alien workers authorized and lawfully employed in the United States;
– Non-citizens who have a scheduled hearing or trial date in immigration court.
All persons that fall into the above-mentioned categories must complete Form AR-11 (Aliens Change of Address Card) and must mail the form to the following address:
U.S. Department of Justice
Immigration and Naturalization Service
HQ ORM
425 I Street N.W.
ULLICO 4th Floor
Washington DC 20536
No filing fee is required. A copy of that form may be obtained by logging to http://www.ins.gov/graphics/formsfee/forms/ar-11.htm