By Alan Perkins, Melina LaMorticella, and Melany Savitt
The Trump administration is focusing on fully enforcing existing immigration laws, including the requirement that noncitizens file Form AR-11 to notify USCIS of a change in residence within 10 days of moving.
Because the penalties for failure to file are severe, including possible removal (deportation), it is critical that all non-U.S. citizens (including permanent residents) ensure they timely file Form AR-11 with each residential move. While the penalties discussed below are not new, they typically have not been enforced to their fullest extent.
How to File
Form AR-11 can be filed either electronically through a USCIS online account, or by mail. USCIS provides instructions on both methods, including how to create a USCIS online account, at the following link: How to Change Your Address. A USCIS video guide is also available on YouTube: Changing Your Address in Your USCIS Online Account.
Filing AR-11 through a USCIS online account has the benefit of updating an address change for pending cases with USCIS. Additionally, noncitizens can retain a record of their AR-11 submission online as evidence of their compliance with this legal requirement.
Penalties
Failure to update USCIS of a change in residential address within 10 days of moving is a misdemeanor and may result in the following penalties under INA 266 (8 USC 1306):
- Up to $200 fine; or
- Up to 30 days imprisonment, or both
- Removal (deportation)
- Unless it can be shown failure was reasonably excusable or not willful
Given the potential for imprisonment and removal, which can also impact future immigration benefits, it is particularly critical that noncitizens make note of this reporting requirement.
This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Business Immigration Practice Group, or the attorney with whom you normally consult.
