AR-11 rev 12-12-2004AR-11 rev 12-12-2004

AR-11 GUIDE
(Revised 12-12-2004)
POLATSEK, Counsellors at Law

How Do I Register and/or Report a Change of Address to the USCIS (Immigration)?

Please note that Form AR-11 does not contain very detailed explanations as to how to complete such form and the explanations contained herein are an attempt to assist an individual to complete what may be confusing questions keeping in mind that the main purpose of Form AR-11 is to inform USCIS of your home address (those persons who also have to register under “Special Registration” rules, however, may also have to complete AR-11 each time they change employer and/or school). The form is to be filed by every alien present in the USA for 30 days or more and after such initial filing then again within 10 days of changing his/her home address. This means, that a person who arrives to the USA in temporary status and stays 30 days or more must complete AR-11 and “register” his/her home address. The fact that an alien may have completed the upper and lower potions of Form I-94 [arrival/departure record upon entry and indicated his/her address on such Form I-94 does not exempt the alien from filing AR-11 if his intended stay is of 30 days or longer. (The upper portion of Form I-94 is retained by USCIS and used to enter data in the USCIS entry/exit database known as USVISIT; the lower portion of Form I-94 is stamped by USCIS and given to the alien as proof of lawful entry and as indication of the time the alien is authorized to remain in the USA.)

This registration requirement applies to PERMANENT RESIDENTS, VISITORS, STUDENTS, TEMPORARY WORKERS, PERSONS WHO HAVE OVERSTAYED THEIR AUTHORIZED STAY, and even UNDOCUMENTED ALIENS. The registration does NOT apply to NATIONALS OR CITIZENS of the United States. If an alien has become a naturalized citizen of the USA, he/she need not file AR-11.

The actual text of the law that requires ‘registration” and “change of address notification” is included below:

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.”

Please note that the Section 262 requires REGISTRATION and FINGERPRINTING of any alien present in the USA for 30 days or more. But do not confuse the word “registration” with the words “special registration” which describe different procedures. USCIS, however, does NOT currently require the fingerprinting of most aliens in the USA in nonimmigrant status and they merely “register” by completing the initial AR-11 and “notify a change of address” by again completing AR-11 each time they move.

Please further note that nationals of certain countries designated for “SPECIAL REGISTRATION” [NSEERS] must be registered and fingerprinted following a more complex procedure than most other aliens. This writing is not addressed to those persons who must register under Special Registration. Those persons who must register under the Special Registration rules should consult with their attorneys or read the instruction given by USCIS in its website. Aliens who are subject to the National Security Entry-Exit Registration System (NSEERS) Registration include persons born in (nationals) or who are citizens of: Afghanistan, Algeria, Bangladesh, Bahrain, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Somalia, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen. If a person was born in one of the above countries but now is a citizen of another country, such person MUST still register under the “Special Registration” rules. If a person was born in a country no listed above but is now a citizen of any of these countries, such person MUST register under the Special Registration rules. Again, this AR-11 Guide is not intended for such persons.

Background

All non-U.S. citizens (aliens) who are required to be “registered” (all aliens present in the USA for 30 days or more) are also required to keep the USCIS informed of their current home address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a “special registrant” to inform the USCIS whenever he or she has a change of address, employment or school.

In the past, the predecessor to USCIS (formerly INS), required every alien in the United States to report his or her address annually, in January. USCIS eliminated this requirement in 1980 and no longer requires annual reporting. However, the USCIS still requires reporting of any address change within 10 days of the change.

PLEASE NOTE that the requirement to file AR-11 is independent and separate from notification to any USCIS office where a petition or application is pending. This means that if you have, for example, an I-485 adjustment of status pending at the Texas Service Center, you will have to notify the Texas Service Center and you will also have to file an AR-11 – this means a dual notification. Do not assume that because you have filed Form AR-11 that all other USCIS offices will be automatically notified of your change of address. Furthermore, you should notify your ATTORNEY of your change of address and should not assume that the filing of AR-11 is all that needs to be done. Your attorney, if any, may notify USCIS where an application or petition is pending by means of a FAX or a letter but you should also call the USCIS Customer Service Center at its toll-free number to change your address (your will need information such as the filing receipt number of the application and your alien number). The toll-free number is (800) 375-5283. Please note that your attorneys, if any, cannot handle the filing of the AR-11 automatically as such a form must be signed by you AND IT IS SIMPLER FOR YOU TO COMPLETE AND MAIL SUCH FORM DIRECTLY TO USCIS (LONDON, KENTUCKY).

Who Must Comply?

All aliens in the United States who are required to be “registered” under the law (all aliens present in the USA for 30 days or more) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A-1, A-2, and A-3), official government representatives to an international organization (visa status G-1, G-2, G-3, G-4, G-5 and NATO), and certain nonimmigrants who are in the U.S. for fewer than 30 days (visa status C-1, C-2, C-3, D, TWOV).

The rule to follow is: If you have never filed a Form AR-11, you should do so immediately. If you have filed such a Form AR-11 and have moved more than ten days ago and did not file Form AR-11, you should file one immediately and again each time you move. As USCIS began to enforce this Section of the law not long ago, you will NOT be penalized for failing to file AR-11 so long as you take immediate remedial action upon your learning of the requirement. You should not conclude that because you failed to file Form AR-11 the course of action to follow is not to file a late AR-11 in order to avoid detection of your prior failure to file.

While the law does require persons who are unlawfully in the USA to register and notify USCIS of any change of address, this Guide does not purport to instruct such persons as to what to do with respect to filing or failing to file Form AR-11. To instruct such persons not to file Form AR-11 is to violate the law. To instruct such persons to file AR-11 has the potential of damage. Please note, however, that persons who are unlawfully in the USA but whose presence is known to USCIS because they are in deportation proceedings, have filed for asylum and have an I-485 adjustment of status application pending do not run the risk of damage by filing AR-11.

How Do I Report?

All aliens who have never filed a Form AR-11 before and those who have already filed such form but are now changing their address must complete and file Form AR-11 with the USCIS address listed on the form.

That address is:

U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services, only:

U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744

The USCIS has created an additional procedure and recommends additional notifications for those aliens who are also applicants for benefits. A person who has an application or petitions pending at any of the Regional Service Center (such as a naturalization, adjustment of status, employment authorization or advance parole applications) may comply with the law by filing a Form AR-11 (at London, Kentucky) AND telephoning the National Customer Service Center to advise the Regional Service Center where an application or petition is pending of the change of address. Applicants and petitioners whose applications or petitions were filed at a local USCIS office, benefits should likewise file a Form AR-11 AND notify in writing the local office processing their case of any change of address.

You may choose the method of mailing your Form AR-11. Using certified, registered or receipt mail is not currently a USCIS requirement. However, it is advisable to send the AR-11 with a Return Receipt or some other method that will give you documentation that you did indeed mail the form to the USCIS, in case there should ever be a question.

What Should I Include?

For the Form AR-11: Complete the information requested on the form, including present address, last address (most recent only), alien or registration number, country of citizenship, date of birth, and your signature.

You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.

When sending a change of address, you do not need to include numerous last addresses; only the most recent last address is needed.

Be sure to also indicate in the appropriate block on the AR-11 your current employment and school, where applicable.

Additional Information

The address reporting requirement should not be confused with renewal or replacement of lawful permanent resident cards (Form I-551) or replacement of other evidence of alien registration, such as the Form I-94, Arrival-Departure Record; I-186, Nonresident Mexican Border Crossing Card; I-688, Temporary Resident Card; or, I-766, Employment Authorization Document.

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.

============================================================================
EXPLANATION OF EACH LINE ON FORM AR-11

Please note that Form AR-11 does not number the various lines contained in the form but such lines do add up to 9 and the below numbering system does follow the order of the lines as included on Form AR-11.

Line 1

This line inquires as you your full current legal name, Last, First Middle Names.

The answer to this question is your current legal name.

It also inquires as to your current status in the USA.

If you are a lawful permanent resident, you will check the box for that status: PERMANENT RESIDENT

If you are in the USA in visitor for pleasure or visitor for business status who entered with a VISA STAMP (B-2, B-1) or one who entered without a visa stamp [visa waiver program with symbols WT, WB], you were issued a Form I-94 [arrival/departure record] which reflects the status you were admitted into the USA and the date of expiration of such status (authorized stay), please check such Form I-94 and enter such status as the answer. That status is VISITOR.

If you are a Canadian visitor (visitor for pleasure or visitor for business), you were not issued a Form I-94 but your category is that of visitor for pleasure or visitor for business [and you are authorized to stay for six months from the date of entry]. You status is that of VISITOR. (Canadians who enter the USA in any other status are issued a Form I-94).

If you are in the USA in student status (F-1, M-1), you will check the box that reads STUDENT. As the accompanying spouse and/or children are not truly students, one may assume that their status in the USA is categorized as “other.”

If you are in the USA in any other status, you will check the box that reads OTHER and insert next to it your current status in the USA (E-1, E-2, F-2, H-1A, H-1B, H-1C, H-2A, H-2B, H-3, H-4, I, J-1, J-2, K-1, K-2, K-3, K-4, L-1A, L-1B, L-2, M-2, N-9, N-9, O-1, O-2, O-3, P-1, P-2, P-3, P-4, Q, R-1, R-2, S, TN-1, TN-2, TD, V-1, V-2, and V-3

If you entered the USA lawfully but remained in the country beyond the expiration of your authorized stay, you should choose OTHER and enter next to it the nonimmigrant category in which you last entered the USA.

If you are in the USA unlawfully because you entered the country unlawfully and without inspection by an USCIS officer, then you will check the box that reads OTHER and enter next to it EWI (entered without inspection) – CAUTION, although the law requires you to file Form AR-11 and to truthfully answer all the questions, it is possible that USCIS may use information provided on Form AR-11 to detect the unlawful presence of persons and to take action in this regard.

If you are in the USA lawfully and your authorized stay has not expired and you have also filed an I-485 adjustment of status application, you have a choice of entering the nonimmigrant category in which you last entered (H-1B or L-1) or “I-485 applicant.”

If you entered the USA lawfully and your authorized stay has expired but you have filed an I-485 adjustment of status application, you should choose OTHER and enter next to it “I-485 applicant.”

If you entered the USA unlawfully but you have filed an I-485 adjustment of status application, you should choose OTHER and enter next to it “I-485 applicant.”

Line 2

This line inquires as to your country of citizenship, date of birth and ALIEN NUMBER.

If you are in the USA in lawful nonimmigrant status (or even in unlawful status) and you have not filed any application or petition that would cause USCIS to create an alien number for you, then you will NOT have an alien number and this question should be answered NONE.

If you are a lawful permanent resident (green card holder), then you will enter the alien number contained in your green card.

If you have applied, for example, for adjustment of status (I-485 application) and you are not yet a permanent resident but you have already been assigned an alien number (contained in any I-495 filing receipt, or EAD or Parole), then you will enter such alien number.

Line 3

This line inquires as to your current address IN THE UNITED STATES.

Line 4

This line inquires as to how long you will be residing at any address entered in line 3 IF SUCH ADDRESS IS A TEMPORARY ONE.

Line 5

This line inquires as to your last address before the current one. Please enter your last address in the USA. If you have had no other address in the USA, leave this line blank.

Line 6

Thus line inquires as to the name of your current employer or school, if a student. If you work and also attend school, enter the name of the employer only. If you are neither employed nor attending school, answer this “N/A.”

Line 7

This line inquires as to the address of your current employer or school, if a student. If you are neither employed not attending school, answer this “N/A.”

Line 8

This line inquires as to the “Port of Entry” and the “Date of Entry”.

If you are a nonimmigrant or you are in any other status in the USA that is not “permanent resident”, please enter the name of the city in the USA where you last landed, if entered by air plane, or the border crossing port in the USA, if entered by land, and the date of such last entry.

If you entered the USA unlawfully, please enter the name of the City in the USA where you last landed, if entered by airplane, or the border crossing port or city in the USA, and the date of such last entry. – CAUTION, although the law requires you to file Form AR-11 and to truthfully answer all the questions, it is possible that USCIS may use information provided on Form AR-11 to detect the unlawful presence of persons and to take action in this regard.

If you are in the USA as a permanent resident, you could choose to enter the name of the city where you were residing at the time you became a resident and the date of you became a resident. You could also choose to enter the information about your last entry to the USA (and not the original entry as a resident).

Line 8a

This line inquires as to the expiration of your authorized stay, if not a permanent resident.

If you are in the USA in lawful nonimmigrant status and you have been issued a Form I-94, such Form I-94 contains an expiration date and such date should be entered in line 8b. Please note that some nonimmigrants are issued Forms I-94 that do not contain expiration dates (example, F-1, J-1, etc,) and contain, instead the legend “D/S” which means “Duration of Status” – such persons should enter “D/S” as the answer to this question.

If you last entered the USA lawfully but you are now in the USA unlawfully because your authorized stay has expired, you should enter the date of expiration contained on Form I-94 – CAUTION, although the law requires you to file Form AR-11 and to truthfully answer all the questions, it is possible that USCIS may use information provided on Form AR-11 to detect the unlawful presence of persons and to take action in this regard.

If you last entered the USA lawfully and are still maintaining lawful H-1B, H-4, L-1 or L-2 status and you have filed an I-485 adjustment of status application, you could choose to enter the expiration date indicated on Form I-94 or leave this item blank or write “N/A” as persons who have filed an I-485 adjustment of status are authorized to remain in the USA indefinitely until USCIS adjudicates the I-485 application. Please note that adjustments of status applicants are authorized to remain the USA for as long as USCIS will take to adjudicate the I-485 even if the I-94 has expired. Using that logic, then a person’s authorized stay while the I-485 adjustment of status application is pending is of an “indefinite” nature and does not expire until USCIS denies the I-485

If you last entered the USA lawfully but your Form I-94 has expired but you have filed an I-485 adjustment of status application, you could choose the leave this blank or write “N/A” as persons who have filed an I-485 adjustment of status are authorized to remain in the USA indefinitely until USCIS adjudicates the I-485 application. Please note that adjustments of status applicants are authorized to remain the USA for as long as USCIS will take to adjudicate the I-485 even if the I-94 has expired. Using that logic, then a person’s authorized stay while the I-485 adjustment of status application is pending is of an “indefinite” nature and does not expire until USCIS denies the I-485

If you last entered the USA unlawfully but you have filed an I-485 adjustment of status application, you have the choice of leaving this item blank or entering “N/A” as I-485 adjustment of status applicant are authorized to remain the USA on an indefinite basis until USCIS adjudicates the I-485 application. Please note that adjustments of status applicants are authorized to remain the USA for as long as USCIS will take to adjudicate the I-485 even if such person entered unlawfully. Using that logic, then a person’s authorized stay while the I-485 adjustment of status application is pending is of an “indefinite” nature and does not expire until USCIS denies the I-485

If you last entered the USA with an advance parole (because you have filed an adjustment of status application), you have a choice to enter the expiration date of the I-94 if it contains one or leave this blank or enter “N/A.” Please note that adjustments of status applicants are authorized to remain the USA for as long as USCIS will take to adjudicate the I-485 even if the I-94 has expired. Using that logic, then a person’s authorized stay while the I-485 adjustment of status application is pending is of an “indefinite” nature and does not expire until USCIS denies the I-485. If USCIS approves the I-485, then the person becomes a permanent resident and his/her authorized stay also is of an “indefinite” nature and does not have an expiration date.

If you have a green card that expires two years after issuance, you DO NOT have to enter the expiration date of such card in this line. This is so because permanent residents are not required to complete this section as their authorized stay in the USA is of an indefinite nature.

If you have a green card that expires ten years after issuance, you DO NOT have to enter the expiration date of such card in this line. This is so because permanent residents are not required to complete this section as their authorized stay in the USA is of an indefinite nature.

Line 9

This line asks you to sign and date the form.

Anyone who is 14 years of age or older must sign his/her own Form AR-11.

If you are completing AR-11 for a child who is under 14 years of age, you may sign for him/her using your own name and signature and writing (father) or (mother) next to the signature. AR-11 GUIDE
(Revised 12-12-2004)
POLATSEK, Counsellors at Law