INS to require non-citizens to report address changes

In another effort to prove that the Bush administration is serious about improving border security, the Justice Department said recently that it would require all non-citizens (from green card holders to TNT’s) to report changes of address within 10 days of moving. Violators would be subject to fine, imprisonment, or even deportation.

Final details of the plan would be released soon by the Immigration and Naturalization Service (INS), the implementing agency. The plan, based on a long-neglected 50-year-old law, is expected to affect some 10 million lawful residents in the United States, but are not yet citizens, and about 8 million to 9 million illegal residents.

Failure to comply with the requirement could mean a fine of up to $200, up to 30 days in jail, and possible deportation removal.

Since the September 11, 2001 terrorist attacks, the INS has been under tight scrutiny and has been criticized for disorganized system of tracking foreign visitors and residents in the US.

The implementation (or revival) of the 50-year-old law that requires non-citizens living in the United States to notify the INS of any change of address was seen by many as an appropriate response to such criticisms, and as a specific response to a recent legal defeat by the INS in a case before the Board of Immigration Appeals last year.

In that particular case, the Board of Immigration Appeals found that the INS could not obtain an in absentia deportation order because of the INS’s failure to properly notify an alien about her deportation hearing since INS did not have her current address on file. In that case, the alien had moved, and did not provide the INS with up-to-date address information. So, the INS had only her old address to mail the Notice to Appear, which was returned by the Post Office because the address was no longer valid. The revived change of address requirements would strengthen the INS’s ability to deport people who are not in legal status, and have moved or changed addresses.

Once this new rule is implemented, many INS forms will be revised to carry a reminder to non-citizens that they must notify INS of any change of address within 10 days, and the consequences of failing to do so, including entry of an in absentia deportation order. This "advance notice" contained in the revised forms (of the obligation to provide a current address when an alien moves) would cure the problem the INS faced in attempting to deport aliens in absentia, who have moved. The INS notes that it is acting within its legal rights to enforce the requirement because it is embodied in a 50-year-old law which was not enforced for lack of implementing regulations.

All non-citizens who are in the country legally – including permanent residents, and holders of non-immigrant visas, such as student visa (F-1), working visa (H-1B), intra-company transfer visa (L-1), trader visa (E-1), etc. – must follow the requirements as soon as the plan is implemented. If you are here legally, you have nothing to fear. It would even be to your advantage to inform INS of your new address since the INS can easily inform you of any developments, or any legal matter that you need to know in relation to your immigration status.

It’s entirely different for those who are in the country illegally. If you are a TNT (tago nang tago), you will naturally be easy target for deportation by the INS. Illegal immigrants should consult a reputable attorney, who can analyze their situation and advise them of the best option to take in the wake of the tightening immigration requirements.