Notification to INS of Change of Address

Background

Immigration law requires non-U.S. citizens to keep the INS informed of their current address. Section 265 of the Immigration and Nationality Act requires that a non-U.S. citizen must report his or her address (including minor non-citizen family members) within 10 days of a change in address. In the past, this law was not regulated by the INS. However, since September 11, 2001, the INS has begun to more strictly enforce this law. The penalties for failing to comply with this law can include being convicted of a misdemeanor crime, removal from the United States, and jeopardizing a foreign national's ability to obtain a future visa or other immigration benefit. Therefore, it is extremely important for all non-U.S. citizens to report changes in their address to the INS within 10 days of moving.

Who Must Notify the INS?

Most non-U.S. citizens are required to report a change in their address to the INS. This includes nonimmigrants who are in the United States on a temporary basis, as well as permanent residents. As outlined in the attached information from the INS website, the only foreign nationals exempt from this requirement are diplomats in A status, official government representatives to an international organization in G status, and certain nonimmigrants who do not possess a visa and who are in the United States for fewer than 30 days.

What Procedures Must be Followed?

All foreign nationals notifying the INS of a change in address must file Form AR-11 with the INS at the following address:

• Regular Mail
  BCIS
  Change of Address
  P.O. Box 7134
  London, KY 40242-7134

• Overnight Mail Services
  BCIS
  Change of Address
  1084-1 South Laurel Road
  London, KY 40744

A copy of Form AR-11 is attached to this article. It can also be obtained and printed out from the INS website. With respect to completing Form AR-11, the INS instructs that only the most recent address is needed and previous addresses should not be included. Although not a requirement, the INS also suggests that it is advisable to use certified, registered or receipt mail so that the foreign national has documentation that the form was mailed to the INS.

Are there Any Additional Notification Requirements for Foreign Nationals Who Have Applications Pending with the INS?

Yes. Foreign nationals who have an application pending with the INS at one of the four Service Centers or at a local INS District Office, must also notify that particular INS office of the address change. The various Service Centers and District Offices have different procedures regarding notification of change of address. Therefore, it is best for the foreign national to either check with the attorney who assisted with the filing of the application or with the appropriate INS office to determine the specific reporting procedures for that particular office.

Do Different Procedures Apply to Foreign Nationals Who are Subject to Special Registration?

Yes. Although the INS must still be notified by mail within 10 days of the change, a foreign national who is subject to Special Registration must use a special form – Form AR-11 SR (Alien's Change of Address Card – Special Registration). A copy of this form is attached to this article and can also be obtained and printed from the INS website. Special Registrants should send their change of address form to the following address:

• Regular Mail
  BCIS
  Change of Address – Special Registration
  P.O. Box 7134
  London, KY 40242-7134

• Overnight Mail Services
  BCIS
  Change of Address – Special Registration
  1084-1 South Laurel Road
  London, KY 40744

Again, INS suggests using certified, registered or receipt mail so that the foreign national has documentation that the form was mailed to the INS. When a Special Registrant is completing this particular form, the INS also indicates that the Special Registrant must copy the Fingerprint Identification Number (FIN) that was written on the Special Registrant's I-94 form or passport when the foreign national was registered and fingerprinted by the INS. Additional information about Special Registration and change of address procedures for these foreign nationals can be obtained from the Special Registration section on the INS website.

Where to go for Additional Information?

As outlined above, the Immigration Service's website (www.immigration.gov) has very helpful information regarding reporting a change of address to the INS.

Footnotes

¹On March 1, 2003, the Immigration and Naturalization Service became part of the new Department of Homeland Security. The Bureau of Citizenship and Immigration Services (BCIS) now handles all immigration services and benefits. As this article was prepared prior to the transition, references to the INS can be read as a reference to the BCIS.