FREQUENTLY ASKED QUESTIONS ON U.S.CIS SERVICE  ADDRESS REPORTING REQUIREMENTS FOR NONIMMIGRANTS IN THE UNITED STATES

The Immigration and Nationality Act (INA), the formal name for the immigration laws, requires any alien in the U.S. to report his or her address to the Bureau of Citizenship and Immigration Services (INS) within ten (10) days of the change of address. This FAQ will help you understand your responsibilities in this regard and how to meet them.

Q1. What exactly is the rule about address reporting?

A1. INA Section 265(a) reads, 

"Each alien required to be registered under this title who is within the United States shall notify the Attorney General 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 may require by regulation."

If you are an alien physically present within the U.S. then you are required to be registered (e.g. to have an I-94 card or similar document confirming status), and you are required to make address reports as specified in the law.

Q2. Who is an alien and why does INS use that term?

A2. "Alien" is a legal term; as defined at INA Section 101(a), "The term 'alien' means any person not a citizen or national of the United States."

That definition is very direct and clear. You acquire U.S. citizenship by being born in the U.S. or to U.S. parents or by naturalizing. You become a national of the U.S. by being born in one of the outlying possessions of the United States or to parents who are nationals of the U.S.. If you have F, J, H, O, TN, or LPR ("green card") status or any other immigration document allowing you to be in the U.S., then you are considered to be an "alien" under the legal definition.

Q3. I know that I have filled in my address on lots of forms, but why haven't I heard about this direct reporting requirement before?

A3. This law has been "on the books" for a very long time, but over the years INS has placed a low priority on enforcing the law and collecting and recording address changes. Indeed, INS has generally not had the manpower or resources to record address changes even if they were reported. In practice, INS has been interested primarily in addresses directly connected with a benefit or approval notice that INS would have
to mail back to the alien.

Q4. If INS has not been maintaining its address files and has not been enforcing the law, then why should I start reporting my address now?

A4. The law is the law, and even though INS may not have enforced it in the past, Congress and law enforcement are now very interested in aliens in the U.S. It is a good idea to know your responsibilities and comply with the law. 

Q5. How do I report my address? Where do I send it?

A5. If you are in F-1 or J-1 status, you must notify the Office of International Services of your address change within 10 days of the move. An advisor will update your SEVIS  record and USCIS will have been notified of  the change of address. 

If you are in any other non-immigrant status (H-1b1, TN, etc.) You report your address on form AR-11. INS posts this form on its web site at <http://www.immigration.gov/graphics/formsfee/forms/ar-11.htm>.

This form loads in Adobe as a fillable form, so you may fill it out online, print it, and mail it to the INS address indicated on the form. At this time you cannot submit the report electronically. You must sign the form.

When you complete your address report, please print an extra copy and send it to the Office of International Services at 203B Vivacqua Hall, 1700 N Broad Street.  This will help us keep your address current here as well.

Q6. I do not like the idea of reporting my address to INS. What happens if I just refuse to do it?

A6. 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."

In short, if you make a choice or decision not to report, a willful act, then INS has the authority to charge you with a crime, fine you $200, imprison you for 30 days, and then deport you. In practice INS has not used this violation alone to deport someone, but INS can add this to a list of violations such as overstay or unauthorized work, when they are building a case for deportation.

Q7. What if I did not know about this rule and have not reported my address, or if I forget and report late? What will INS do?

A7. The INS, through the office of the Attorney General, has the authority to forgive such failures provided the failure to report "was reasonably excusable or was not willful."

That means that you need to report properly and promptly, but that INS will generally not take an action against you just because you missed a deadline or didn't know you needed to report, provided that you act in good faith and send the report once you know you have to report or realize you have missed the deadline.

Q8. I may be moving around a lot. My box number is the most accurate address to reach me. Why does INS want to know every time I move?

A8. Members of Congress and INS and other government agencies have indicated to schools that they want to know where aliens live, including students and scholars, so that they can find them if necessary.

Q9. I am just a student or scholar. I study, I do my research, or I teach. I am not doing anything wrong. Why would INS or any other law enforcement agent want to find me?

A9. There could be many reasons. The most common, of course have to do with events, such as the recent terrorist acts, that cause the government to launch investigations.

Q10. OK, now I am beginning to feel a little angry and uncomfortable about this. What has Temple University done or is Temple University doing about this address reporting and the general treatment of international students and scholars?

A10. Temple University, along with many other colleges and universities, is doing all that it can to protect students' and scholars' rights in these very tense times with a very active Congress working to change the immigration laws.

Q11. But don't I have Constitutional rights? What about my civil liberties?

A11. Everyone in the U.S. and under its jurisdiction has certain rights, but aliens do not have all of the same rights as citizens. 

Q 12.  I completed the address change form and mailed it back to INS promptly within 10 days; however, I haven't got an acknowledgement from INS.  Should I expect to receive a response from the INS?

A 12.  You should not expect to receive any confirmation from the Bureau of Citizenship and Immigration Services that your Form AR-11 has been received. As long as you are certain that you have provided your new address, you can be considered to have met the Change of Address requirement.

Q 13. I still have questions about this. Who can answer my questions?

A13. Contact the Office of International Services by sending an e-mail message to ois@blue.temple.edu, or call the office at (215) 204-7708.

Q 14.  On the form, I am asked to "Copy Number from Alien Card."  Where do I find that number?

A 14.  An A number is assigned to individuals granted Permanent Residency or employment authorization and issued an Employment Authorization Card.  If you are not a Permanent Resident or have not been issued an Employment Authorization Card, you do not have an A number.  Some colleagues have suggested that individuals who do not have an A number should cross out the A in that section and write in their admission number (the 11-digit number on the I-94 Departure Record).