July 23, 2002 - The Immigration and Naturalization Service today released a proposed rule that supplements its existing regulation requiring all aliens to report address changes to INS within 10 days of any such change. INS will revise many of its most commonly used application forms to include formal notification to aliens of this address reporting requirement and the consequences of failing to report such address changes. The existing rule is that every alien over the age of 14 who remains in the United States for longer than 30 days must report any change of address within 10 days of the change.

According to the INS, the reason for this supplementary rule is that many aliens have avoided deportation by failing to report their current addresses to INS. A recent decision of the Board of Immigration Appeals (Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001)) increases the INS' burden of demonstrating that an alien who has been placed in removal proceedings has been properly served with notice of the proceedings. Accordingly, without a current address and/or evidence that an alien was given proper notice of the need to report his or her current address, it has become more difficult for INS to obtain an order to deport the alien in absentia (where the alien is not present at the removal hearing) from U.S. Immigration Courts. Thus, by revising its commonly used forms, INS will have the documentation it will need to justify deportation of individuals who have not maintained current address records with the INS.

The INS plans to amend its forms to require "every alien applying for immigration benefits to acknowledge having received notice that he or she is required to provide a valid current address to the Service, including any change of address within ten days of the change; that the Service will use the most recent address provided by the alien for all purposes, including the service of a notice to appear if the Service initiates removal proceedings; and, if the alien has changed address and failed to provide the new address to the Service, that the alien will be held responsible for any communications sent to the most recent address provided by the alien." Aliens who fail to appear for their removal hearings after receiving such notice may then be ordered removed (deported) in their absence.

INS reports that an alien who fails to respond to a Service request for information or a request to appear for an interview in connection with the alien's application for an immigration benefit "may lose substantial rights because the Service will deem the alien to have abandoned the application and deny it." INS requests public comments on the proposed rule be submitted within 30 days of publication. To view a copy of the proposed rule, click here. To view an INS fact sheet regarding the proposed rule, click here.

NOTE: The proposed rule does not change the existing requirement that all aliens report changes of address within 10 days of the address change. Rather, it announces how INS plans to ensure that aliens are properly advised of this requirement and the consequences of failing to report address changes. Berry, Appleman & Leiden LLP recommends that all aliens report their address changes as directed by INS, and maintain evidence that the address changes were properly reported (i.e., by keeping copies of the completed Form AR-11, certified mail receipts, and signed return post cards).