|
INS TO REQUIRE NON-CITIZENS
TO REPORT ADDRESS CHANGES
by Michael J. Gurfinkel, Esq.
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, which is 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no longer valid.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
Ï 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. Ï 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.
Back
to Main
|
