Tag Archives: us immigration

USCIS reminds immigrants of 10-day deadline to report address changes

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The US Citizenship and Immigration Services has reminded immigrants in the United States that they generally must report a change of address within 10 days of moving, warning that failing to update agency records could result in missed immigration notices and delays in receiving documents.

The reminder is particularly relevant to foreign nationals with pending or previously filed immigration cases, as updating an address with the US Postal Service does not automatically change the address held by USCIS. The agency says individuals are responsible for keeping their address current with both USCIS and USPS.

USPS address change does not update USCIS records

USCIS says most people can report an address change through their USCIS online account using its Enterprise Change of Address tool. The agency recommends doing so as soon as possible after moving.

An online update is intended to satisfy the legal reporting requirement and can allow USCIS to process the change more quickly than a paper filing. Applicants with pending, approved or previously filed cases can update their address online even when their original application was submitted by mail.

Those updating their address through an online account may need to provide the receipt numbers for each pending benefit request so the new address is applied to the relevant cases.

USCIS also permits eligible individuals to submit Form AR-11, the Alien’s Change of Address Card, by mail. However, the agency recommends using its online self-service system because a paper AR-11 does not automatically update the address across USCIS systems.

Federal law sets 10-day reporting requirement

The 10-day requirement is rooted in Section 265 of the Immigration and Nationality Act. Federal law requires each foreign national covered by the registration provisions who is in the United States to notify the government of a change of address within 10 days.

USCIS notes that the requirement does not apply to certain categories, including A and G visa holders and visa-waiver visitors. Specific procedures can also apply to people involved in immigration court proceedings or certain other immigration cases.

People with cases before the immigration courts have a separate obligation: the Executive Office for Immigration Review says changes to address or contact information must generally be reported to the immigration court or Board of Immigration Appeals within five working days.

USCIS has warned that failing to update its records can mean missing notices, experiencing delays in immigration cases or not receiving immigration documents. The agency therefore advises people who move to update their address with USCIS as well as USPS rather than relying on a postal-service change of address alone.

Trump Effect: Married Spouses Rush for US Visa Paper Work

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Many immigrants in the US are rushing to attorneys to file papers of their marriage to U.S. citizens that entails them green card and citizenship eventually but not without paperwork, warn US attorneys. Non-filing of papers leads to denial of citizenship.

Unless the case for permanent residence or Green Card has not been submitted to the immigration department, the person does not have status in the US absent another underlying visa. In most cases, it takes about a year for a foreign spouse to be able to immigrate to the United States. Among the requirements include a valid marriage, a sponsor’s petition to the U.S. Citizenship and Immigration Service, besides a medical clearance. But above all, a security clearance is the most important as those with criminal records may find that the adjudication of waivers is not possible under the current administration.

Immigration lawyers often face the biggest challenge as a number of people have criminal records and under the Presidential Order 13768, visa and Green card holders with criminal records should be packed off from the United States. In fact, many youngsters have made errors in judgment though as adults they may have lived exemplary lives. Unless they seek absent an allowable waiver or presidential pardon, says Steven Riznyk, CEO of myImmigrationAttorney.com who provides consultancy on immigration matters in the United States.

Although there is more leeway for nonimmigrants, potential immigrants face a tougher standard and the major among them is drugs. As youths, some people have experimented with one drug or another, and waivers are not available for persons with drug offences that involve more than 30 grams of marijuana, states Riznyk.

"We often receive calls from persons who were removed from the United States for possession of a single dose of ecstacy or mushrooms, and they are not eligible for Permanent Residence status. Even with a waiver for 30 grams or less of marijuana for personal use, the waiver still requires the person to establish to the government’s satisfaction that extreme hardship would result to the person’s U.S. citizen/Permanent Resident spouse, children, or parents. Extreme Hardship is a very high standard to meet and exceeds most monetary, separation, and other issues which in and of themselves are extremely difficult," he said.

The only solutions for many such persons, he said, would be to either obtain a nonimmigrant visa (such as that for an investor) and an INA§ 212(d)(3) waiver, or, in the case of a felony conviction, a Governor’s Pardon. Expungements are not recognized for immigration purposes and Governor’s Pardons and their equivalents must be based from the United States, not from the foreigner’s country or another country.

An INA § 212(d)(3) wavier is purely discretionary though it does not require a showing of extreme hardship. "In my opinion, it is the legal equivalent of neurosurgery, and requires a lot of artful drafting and research. After all of that, there are still risks of it not prevailing," he noted.

Strategically speaking, one could hypothetically apply for the INA § 212(d)(3) waiver and a student or work visa, but realistically, a contribution to society, such as job creation with an L1 or E2 would yield a better chance in my opinion, he stated. "We have been able to use the E2 visa (renewable longer than any other visa) to bring people into the US" for those with no alternatives, he added.