According to U.S. law, every non-citizen, including green card holders, must report a change of address. If the information is not provided, there are legal provisions that can lead to fines, imprisonment, both penalties, and even deportation. Although this law has been in place for a long time, it has not been strictly enforced in the past. However, the U.S. Department of Homeland Security (DHS) has now issued a warning to non-citizens that failure to report a change of address could result in criminal penalties.
Secretary Kristi Noem announced that the Department of Homeland Security will fully enforce the Immigration and Nationality Act (INA), which provides various tools to track immigrants. These tools include criminal penalties for those who fail to notify the federal government of changes to their address.
The Immigration and Nationality Act (INA) requires all non-citizens in the U.S. to report their address to the Department of Homeland Security (DHS) within 10 days of the address change. INA Section 265(a) reads, “Each alien required to be registered under this subchapter 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.”
While this law has been in effect for many years, DHS has historically placed low priority on enforcing it, mainly due to limited resources and manpower. As a result, DHS has often failed to record address updates, even when they were reported. In practice, DHS has focused mainly on addresses linked to official notices, such as benefit approvals or other documents that needed to be mailed to non-citizens.
According to U.S. Citizenship and Immigration Services (USCIS), all non-citizens in the U.S. must report a change of address to USCIS within 10 days of moving. This requirement applies to most foreign nationals, except for A and G visa holders and visa waiver visitors. USCIS emphasizes that simply updating an address with the U.S. Postal Service (USPS) does not update records with USCIS.
USCIS strongly encourages individuals to use their USCIS online account to update their address as soon as they move. This ensures compliance with the legal requirement and prevents delays in case processing. Address changes can be processed almost immediately online, eliminating the need to submit a paper Form AR-11 by mail, which does not automatically update records in USCIS systems.
For individuals with pending, approved, or previously filed immigration cases, USCIS advises entering receipt numbers when updating addresses online to ensure all cases are updated correctly.
For those who prefer to file by mail, a paper Form AR-11 may still be submitted. However, USCIS strongly recommends using the Enterprise Change of Address (E-COA) self-service tool available in USCIS online accounts for faster processing.
If you are an F or J visa holder, you must report your new address to your Designated School Official (DSO) for notification in the Student and Exchange Visitor Information System (SEVIS), instead of updating it directly with USCIS.
If you fail to report, DHS has the authority to charge you with a crime, fine you $200, imprison you for 30 days, and then deport you. 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.”
To change your address with U.S. Immigration and Customs Enforcement (ICE), you can use the online change-of-address form. The online system gives non-citizens the option to update their information online, in addition to the existing options of doing so by phone or in person.
Click here to read the latest news on U.S. immigration and other key issues.
After successfully entering a valid mailing address, if the non-citizen is currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online form provides the non-citizen with information on how to also change their address with the immigration court as required.
This can be done using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information, which may be submitted by mail, in person at the immigration court, or online through EOIR’s Respondent Access.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
