February 21, 2002

Immigration and Naturalization Service Enforcing Notice of Change of Address Requirements, Consequences are Serious

Greenberg Traurig has learned that the Immigration and Naturalization Service (INS) is enforcing its rarely used provisions requiring certain foreign nationals to submit notices of changes of address to the INS within ten (10) days of such change. Since September 11, many foreign nationals have been taken into INS custody for failure to comply with this notification of change of address requirement. The law governing notice of change of address provides that certain foreign nationals are required to notify the INS, in writing, of each change of address within ten (10) days from the date of such change. Consequences of failure to provide such notice are serious, including that the individual shall be guilty of a misdemeanor, carrying a fine not to exceed $200, or be imprisoned not more than thirty (30) days, or both. Irrespective of whether the individual is convicted for the misdemeanor and punished, the individual is subject to mandatory custody by the INS, unless he or she can establish that the failure to provide the notice was reasonably excusable or was not willful. In light of these potential consequences, anyone who has had or will have a change of address should notify his or her attorney to ensure that the required notice is forwarded to the INS in compliance with this law.