| Notice
of requirement to notify BCIS of any change of address within 10 days.
There has recently been much publicity surrounding the existing BCIS requirement
for all aliens (individuals who are not citizens or nationals of the U.S.)
residing in the U.S. to notify BCIS of any change of address within 10
days of the change. Though the law has existed for years, BCIS has not
placed a high priority on enforcing the requirement. BCIS is now recognizing
the fact that they have not provided guidance on this particular regulation,
and they have now proposed a rule requiring aliens to acknowledge this
requirement, thereby reinforcing the existing rule. Section 262 of the
Immigration and Nationality Act requires every alien to register with
BCIS (to fill out an I-94 card or other documents verifying status) and
8 C.F.R. 265.1 requires all aliens to report any change of address within
10 days on Form AR-11.
Non-immigrants must notify BCIS directly of their change of address using
Form AR-11.
If you are a student at UT-Austin:
Updating your address through UTDirect
will satisfy both the AR-11 and SEVIS Requirement.
If
you are a J-1 Visiting Scholar, Researcher at UT-Austin:
Updating your address at International Student & Scholar Services will satisfy both the AR-11 and SEVIS Requirement.
If
you went through Special Registration Call-In or were registered through
NSEERS when you entered the United States:
You must also complete the AR-11SR in addition
to other reporting requirements. The
AR-11SR can be found at the BCIS website.
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Download
Form AR-11
(.pdf)
Tips
for filling out Form AR-11
- When filling-out
the AR-11, you might want to write your I-94 number where it indicates
“Copy Number from Alien Card” (A number).
- If you can’t
remember where and when you last entered the United States, look at
the red stamp on your I-94 card.
- Before you
mail the AR-11 to the BCIS, we recommend that you keep a photocopy of
the form for your records, as with any other application you submit
to BCIS.
The completed form should be mailed to
the address listed on the bottom of Form AR-11
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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] |