Confusing a USCIS address change (AR-11) with an immigration court (EOIR) address change will result in hearing notices being sent to the wrong place.

Moving is common in the United States. Addresses change due to lease expirations, job transfers, or home purchases. However, if you move while your immigration proceedings are ongoing and fail to report your change of address, it can result in more than just lost mail. You may not receive interview or hearing notices, leading to unfavorable developments in your case. In extreme situations, an order of deportation may be issued in your absence. This column calmly discusses the legal obligation to report address changes, the differences between the two systems, and common oversights in practice.

◆ Obligation to report change of address under immigration law — within 10 days after moving

“Foreign nationals must report their new address to the U.S. Citizenship and Immigration Services (USCIS) within 10 days of moving. — Immigration and Nationality Act (INA) Section 265 (8 U.S.C. §1305), 8 CFR §265.1

Foreign nationals residing in the United States are required to report a change of address to USCIS within 10 days of moving. This is not a voluntary recommendation but a legal obligation under federal law. However, holders of A or G visas and visitors entering under the Visa Waiver Program are exempt.

There are two ways to report your change of address. You can either log in to your online USCIS account (myUSCIS) and change your address under the ‘My Account’ menu, or you can submit a paper Form AR-11 (Alien's Change of Address Card) by mail. USCIS recommends changing your address online because it is reflected in the system almost immediately. While mailing a paper AR-11 also fulfills your legal obligation to report a change of address, the actual system update may be slower. When changing your address online, you must manually enter the receipt number for each pending application for the address change to be reflected for each USCIS case. Simply changing the primary address in your online account may not automatically link to all cases; therefore, you must complete the process by entering the receipt number.

What happens if you don't report? Section 266 of the Immigration and Nationality Act (8 U.S.C. §1306) classifies failure to report a change of address as a misdemeanor, punishable by a fine of up to $200, up to 30 days imprisonment, or both, upon conviction. While it's rare to be prosecuted solely under this provision, the bigger issue isn't the fine. It's missing notifications.

USCIS and the Executive Office for Immigration Review (EOIR) are separate systems.

“EOIR (Executive Office for Immigration Review) is an independent agency within the Department of Justice, with an administrative structure completely separate from USCIS, which is under DHS (Department of Homeland Security).” — EOIR Official Website (justice.gov/eoir)

Many people think that changing their address with USCIS will automatically update their address with the Immigration Court. This is not the case. USCIS and EOIR (Executive Office for Immigration Review - the agency that oversees immigration courts under the Department of Justice) belong to different departments and do not share address databases between them. USCIS is part of the Department of Homeland Security (DHS), while EOIR is part of the Department of Justice (DOJ).

If you have a case pending before the Immigration Court, you must report your change of address directly to the Immigration Court, separate from filing an AR-11 with USCIS. The form used for this purpose is EOIR-33/IC (Change of Address Form for Immigration Court). According to EOIR regulations, you must submit this form to the relevant Immigration Court within five business days of your address change. You can submit it online through the EOIR Respondent Access portal, in person, or by mail. The Immigration Court only sends official documents to the registered address, and EOIR will not change your address based on the address submitted on court documents or applications. You must separately submit the EOIR-33/IC form.

Therefore, two notifications are required at a minimum for a move. The AR-11 notification to USCIS, and if you have an immigration court case, the EOIR-33/IC notification to EOIR. If an appeal is pending at the Board of Immigration Appeals (BIA) stage, the EOIR-33/BIA form must be filed separately.

◆ Default Eviction Order — An order can be issued even if notice is not received

“INA §240(b)(5) provides that if a respondent fails to appear for a hearing after receiving lawful notice, an immigration judge may enter an order of removal in absentia.”

One of the most severe consequences in immigration court proceedings is an in absentia removal order. According to INA §240(b)(5), if a party fails to appear for their hearing after receiving proper notice from the government, an immigration judge may order their removal in absentia.

The issue is not whether you *received* the notice, but whether it was *legally served*. If the notice of hearing was mailed to your registered address, it can be considered sufficient notice even if you did not actually receive it because you were no longer living at that address. In other words, if you fail to report a change of address to the EOIR after moving, you could face an order of removal without ever knowing the hearing date.

A motion to reopen can be filed regarding an in absentia removal order. If you did not actually receive notice or were in a period of detention through no fault of your own, you can file a motion to reopen at any time without a deadline. However, there is no guarantee that the reopening will be granted, and you may only file one motion to reopen to cancel an in absentia removal order. Seeking relief after an order of removal has been issued is significantly more time-consuming, costly, and emotionally taxing than receiving timely notice and attending your hearing.

◆ Why this problem occurs frequently in the Korean community

“The　Immigration Court　will only mail official correspondence to the address of record and does not change the address based on the address shown on a pleading or application. — EOIR Public Advisory (justice.gov/eoir)

Due to the nature of the Korean community, there's a structure that makes this issue more likely to arise. People tend to move frequently due to reasons like moving after a lease expires, business relocation, or purchasing a home. Also, if a family as a whole goes through the immigration process, and a spouse or adult child each has a separate A-Number (alien registration number), they must each separately report their address change. A report by one person does not apply to the entire family.

Another issue is mailbox management. Immediately after moving, during a busy period, mail may not be received properly. If an RFE (Request for Evidence) or an interview notice for a green card application or Employment Authorization Document (EAD) is sent and not received, the application could be denied or the process delayed. Even if you use the USPS mail forwarding service, USCIS official mail may not be automatically forwarded, making it difficult to consider as a complete alternative.

The situation becomes more complicated when immigration court proceedings are pending. If an attorney has been appointed, notifications may be sent to the attorney's address, but procedurally, the party's own address must be registered. It is not uncommon for notifications to be delayed or not delivered to the attorney due to a change of attorney, transfer of the case, or other administrative reasons.

Moving Checklist

If you are about to move or have already moved, please check the following items yourself.

· USCIS Change of Address Notification (AR-11) — Within 10 days of moving, submit online (myUSCIS account) or by mail using the paper form. When submitting online, you must enter the receipt number for each case that is currently in progress.

· Report of Address Change to the Executive Office for Immigration Review (EOIR) — If you have an immigration court case pending, you must submit a completed EOIR-33/IC form to the court within five business days of your change of address. If you are appealing with the Board of Immigration Appeals (BIA), you must also submit a completed EOIR-33/BIA form.

· Each family member files separately — If each family member, such as a spouse or adult child, has a separate A number, each must file individually.

Please periodically check your case status on your myUSCIS online account to ensure you have not missed any notices.

Please regularly check your immigration court case number on the EOIR portal.

If you forgot to report your change of address after moving and time has passed, it is recommended to submit AR-11 and EOIR-33/IC now. If an in absentia removal order has already been issued, you can consult with an immigration attorney about the possibility and procedures for filing a motion to reopen your case.

Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.

Law Offices of Jin D. Cho

NEW YORK OFFICE (Flushing) 35-24 154th Street, Flushing, NY 11354

(t) 718-353-2699 (f) 718-353-8132

NEW JERSEY OFFICE 560 Sylvan Avenue, 3Fl., Englewood Cliffs, NJ 07632

(t) 201-449-0009