Q: Can I change my address after receiving a notice to appear in immigration court?
I received a notice to appear in immigration court after my asylum request was denied. Since then, I've relocated to a different city within the same state. I haven't communicated with legal counsel yet, and I'm unsure about the process to inform the immigration court about my new address. Are there any potential consequences for not updating my address with USCIS or the immigration court, and what steps should I take to report the address change?
A:
Yes, you are required to file a change of address (Form E-33) with the immigration court and serve it on the Department of Homeland Security within 5 days of changing your address. https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/
The consequences for failing to update your address are that any hearing notices scheduling or rescheduling your hearing date will be sent to your old address and you will not receive notice of the new dates and as a result would end up being ordered removed without notice or the opportunity to renew your asylum application with the judge.
You should also file an AR-11 with USCIS, and failure to do that carries different criminal/ civil penalties, which although they have not been enforced in the past, we may begin seeing stricter enforcement now: https://www.uscis.gov/addresschange
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A:
It is important to notify the immigration court of your address change as soon as possible, especially after receiving a notice to appear. If you fail to update your address, you may miss important communications, including hearing notices, which could lead to a default judgment or an order of removal in your absence. USCIS and the immigration court require that you keep your address current to ensure that you receive all relevant notices.
To report your new address, you can file Form AR-11, the Alien’s Change of Address Form, with USCIS. You can submit this form online or by mail, and you should do this within 10 days of your move. Additionally, it’s a good idea to notify the immigration court directly, either by phone or by following their specific instructions for submitting your address change.
Since your asylum request was denied, it’s also important to contact an immigration attorney who can guide you through the next steps and ensure that your case is handled properly. They can help you navigate the potential consequences of your situation and ensure that you are complying with all legal requirements.
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