address change

[Oasis 0]

Hello again,

I am in the process of doing my dual citzenship. I am about to send out the N 400 application but now I found out on one of the german boards that you need to change your address if you move with the INS within 10 days and if not you can: get deported, pay fine or even have to go to jail. Is this really true

I am a LPR for about 10 years and honestly I had no idea about the adress change and I moved about 5 times.

I am a little bit concerned now... to send in my N 400 because I just dont want to cause up a stir at the interiew that I did not do the adress change.. ?

Any ideas what I should do ?

Thanks a bunch ... as always

[YuAndDan 153]

I would consult an immigration attorney, this oversite is quite common and in most cases not enforced by the government, an attorney can help explain your oversite to the government.

There are possible consequences to aliens who willfully refuse to report their address.

INA Section 266(b ) states:

“Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 265 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, 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 that such failure was reasonably excusable or was not willful.”

For those of you who are concerned about the fact that you have never notified BCIS of a change of address, please note that the above regulation indicates that you may avoid punishment if the failure is reasonably excusable or was not willful.

INA: ACT 262 - REGISTRATION OF ALIENS IN THE UNITED STATES

Sec. 262. [8 U.S.C. 1302]

(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 221(b ) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days.

(b ) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 221(b ) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.

(c ) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b ) in the case of any nonimmigrant.Sec. 265.1 Forms.

Except for those exempted by section 263(b ) of the Act, all aliens in the United States required to register under section 262 of the Act shall report each change of address and new address within 10 days on Form AR - 11. This form is available at post offices and Service offices in the United States. The completed form must be mailed to the Department of Justice, Immigration and Naturalization Service, Washington, DC 20536. [47 FR 44239, Oct. 7, 1982]

You did not willfully fail to report address changes.

Good luck to you!

[aussiewench 9]

I would consult an immigration attorney, this oversite is quite common and in most cases not enforced by the government, an attorney can help explain your oversite to the government.

There are possible consequences to aliens who willfully refuse to report their address.

INA Section 266(b ) states:

“Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 265 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, 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 that such failure was reasonably excusable or was not willful.”

For those of you who are concerned about the fact that you have never notified BCIS of a change of address, please note that the above regulation indicates that you may avoid punishment if the failure is reasonably excusable or was not willful.

INA: ACT 262 - REGISTRATION OF ALIENS IN THE UNITED STATES

Sec. 262. [8 U.S.C. 1302]

(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 221(b ) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days.

(b ) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 221(b ) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.

(c ) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b ) in the case of any nonimmigrant.Sec. 265.1 Forms.

Except for those exempted by section 263(b ) of the Act, all aliens in the United States required to register under section 262 of the Act shall report each change of address and new address within 10 days on Form AR - 11. This form is available at post offices and Service offices in the United States. The completed form must be mailed to the Department of Justice, Immigration and Naturalization Service, Washington, DC 20536. [47 FR 44239, Oct. 7, 1982]

You did not willfully fail to report address changes.

Good luck to you!

Dan,

Can you post the link to the above as that is always helpful in verifying the source and gives acknowledgement to the author

Edited October 30, 2006 by aussiewench

[YuAndDan 153]

Dan,

Can you post the link to the above as that is always helpful in verifying the source and gives acknowledgement to the author

Opps yes I got that from the university of Texas website: http://www.utexas.edu/international/cs/ar11.html

[Oasis 0]

Get a attorney ? You are kidding right ? Why would I want to do that and pay $$$$ to an attorney to change an address.

I did not refuse to change my address I just did simply not know about it.

Does anyone else know ?

[YuAndDan 153]

Get a attorney ? You are kidding right ? Why would I want to do that and pay $$$$ to an attorney to change an address.

I did not refuse to change my address I just did simply not know about it.

Does anyone else know ?

No kidding, when it comes to handling problems with the attorney general of the United States it is best to have an attorney write the letter in legal terms. Something like that should not be expensive, I would consult one. Why risk it.

The attorney general can point out that the AR-11 forms are available at the post office so that when you change address at the post office for mail you can change address with the USCIS, and ask you why you did not change your address at USCIS just like at the post office.

[Oasis 0]

Ok maybe I still dont get it.

Since when do you get an INS change of address form at the postoffice.

Generally you need to go to the INS for that or print them out at the INS website ?????

Can I just print the INS form for change of address from the INS site now and mail it in to the INS. That would solve the issue right ? I just dont really see a point of consulting an attorney for such a little matter..

Does anyone out here ever had this issue ?

Thanks.

[Kez/JWolf 6]

Get an immigration lawyer it is your responsibility to make sure you know the rules of being an LPR.... as in any law ignorance is not an excuss...

Why risk getting into trouble with the attorney general of the United States just because you think its a little thing....

Guess your continued status is just a little thing too....

Kezzie

[Oasis 0]

Get an immigration lawyer it is your responsibility to make sure you know the rules of being an LPR.... as in any law ignorance is not an excuss...

Why risk getting into trouble with the attorney general of the United States just because you think its a little thing....

Guess your continued status is just a little thing too....

Kezzie

Ok Kenzie..

Its not like I did this on purpose......... ! I simply did not know. I dont want to get an attorney - I simply dont have the money to do this - We are talking about an address change thats it. Why make things even moer

complicated ?

And thanks for your smart remark:" Guess your continued status is just a little thing too...."

I asked a simply question thats all !

[YuAndDan 153]

Ok maybe I still dont get it.

Since when do you get an INS change of address form at the postoffice.

Generally you need to go to the INS for that or print them out at the INS website ?????

Can I just print the INS form for change of address from the INS site now and mail it in to the INS. That would solve the issue right ? I just dont really see a point of consulting an attorney for such a little matter..

Does anyone out here ever had this issue ?

Thanks.

Since 1982 you can get the form at the Post Office.

Sec. 265.1 Forms.

Except for those exempted by section 263(b ) of the Act, all aliens in the United States required to register under section 262 of the Act shall report each change of address and new address within 10 days on Form AR - 11. This form is available at post offices and Service offices in the United States. The completed form must be mailed to the Department of Justice, Immigration and Naturalization Service, Washington, DC 20536.

[47 FR 44239, Oct. 7, 1982]

http://www.uscis.gov/lpBin/lpext.dll/inser...slb-8cfrsec2651 Edited October 30, 2006 by YuAndDan

[Oasis 0]

YuandDan:

Ok its great that they are at the postoffice since 1982. In 1982 I was 10 years old and not even living in the US. And FYI I was unaware of that I needed to change my address !!!!!!!!!!!!!!

I need advice and not stuppid useless remarks.

I am trying to figure out what to do from this point forward. Can I fill out the form now and send it in ?

Seriously there has to be someone on this board that is in the same boat ?

[meauxna 15]

Seriously there has to be someone on this board that is in the same boat ?

Amazingly, there is.

Is it worth 20 minutes of your time to read back in some old threads for the answer? It's cheaper than calling a lawyer.

Hint: you'll find many of those threads in the Removing Conditions forum.

[Oasis 0]

Seriously there has to be someone on this board that is in the same boat ?

Amazingly, there is.

Is it worth 20 minutes of your time to read back in some old threads for the answer? It's cheaper than calling a lawyer.

Hint: you'll find many of those threads in the Removing Conditions forum.

Thanks so much Meauxna I will try yo locate the related massages..