New Filing Location for Form AR-11 and Form AR-11 SR, Change of Address Requirement

New Filing Location for Form AR-11 and Form AR-11 SR, Change of Address Requirement

Starting March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR) must be sent to a new location in Harrisonburg, Virginia.

Most foreign nationals and each dependent family member in the United States are required to notify the U.S. Citizenship and Immigration Services (USCIS) with updates of any address changes within ten (10) days of such change via Change of Address form (AR-11, or AR-11 SR for special registration foreign nationals). One separate form must be filed for each applicable foreign national. Change of Address form is also used for changing a foreign national’s address for a pending immigration application.

This Change-of-Address requirement also applies to green card holders.

Certain exceptions apply to the Change-of-Address requirement. For example, non-U.S.-citizens under 14, or holding A or G status do not need to file the Change of Address form. U.S. citizens are also not required to file an AR-11 Change of Address form but if a U.S. citizen has previously submitted a Form I-864 on behalf of someone who has become a permanent resident, the U.S. citizen is also legally required to notify the USCIS by completing a Form I-865 a Sponsor's Change of Address form, within ten days of the completion of the move. Form I-865 can be located at USCIS website at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ba892623014d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD .

For those subject to the AR-11 Change-of-Address requirement, failure to timely file the Change of Address form may be a ground for removal from the U.S.

On February 28, 2011, the USCIS announced that as of March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR for special registration foreign nationals) will change filing locations, and must be sent to the following address:

DHS/USCIS
Harrisonburg File Storage Facility
Attn: AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801

The USCIS will forward Change of Address forms (AR-11 and AR-11 SR forms) mailed to the old location to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.

Alternatively, applicants continue to have the option to file their Change of Address form online or electronically with the USCIS at: https://egov.uscis.gov/crisgwi/go?action=coa . Both AR-11 and AR-11 SR forms can be submitted online at this USCIS website.

The USCIS announcement did not specifically address what would happen to Change of Address forms (AR-11 and AR-11 SR) mailed to the old address after April 28, 2011. Since the USCIS has indicated that it would only forward Change of Address forms filed to the old address until April 28, 2011, after this date, these Change of Address forms sent to the wrong address would, therefore, be considered improperly filed or rejected.

In minimizing erroneous filing location and for other reasons, Change-of-Address applicants may consider filing their AR-11 or AR-11 SR forms online as opposed to paper mailing.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net.

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

ICE: Prison Terms for Employers/Conspirators for Harboring, Transporting and Employing Illegal Aliens

5 residents pled guilty, on July 16, 2010, to knowingly harboring, transporting and employing illegal aliens, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) agents (such as special agents).

ICE’s, an investigation agency of the U.S. Department of Homeland Security (DHS), functions are to protect national security, public safety and the integrity of the U.S. borders by enforcing criminal and civil federal laws governing border control, customs, trade and immigration.

The defendants transported and paid cash to these illegal foreign nationals for employment at various work sites, and used various properties to harbor and conceal them, to gain competitive economic advantage over their competition in the chicken industry. The defendants were sentenced to at least 12 to 30 months in prison, with supervised release thereafter, and forfeiture of properties totaling over $1.87 million.

It is important to be proactive in legal compliance:
1. Employers or their personnel should comply with various laws such as immigration, employment and tax law when hiring personnel in the U.S.
2. Before immigration crisis such as investigations, arrests, detention or removal/deportation, families living with or having relatives without legal immigration status in the U.S. should seek professional legal immigration help to legalize their immigration status within legal and ethical boundaries.

For further information, please visit ICE News Release at http://www.ice.gov/pi/nr/1007/100720fortsmith.htm .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!

Prior to traveling internationally or submitting United States (U.S.) immigration applications, foreign nationals or non-U.S.-citizens (including green card holders) with certain histories should have their immigration backgrounds analyzed and evaluated thoroughly, and/or their immigration applications properly prepared.

These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional); and/or (e) certain removal/deportation experience with the U.S. immigration law.

For example, many non-U.S.-citizens and their U.S. citizen families, often times, encountered harrowing experiences when they learned, for the first time, that the non-U.S.-citizen family members are prohibited for a proscribed period (such as 3 years, 5 years, or 10 years) from entering or re-entering the U.S.; or are being removed/deported, or charged with removal/deportation, from the U.S. To the surprise of many, this may be so even if the non-U.S.-citizen has U.S. citizen spouse/child(ren), grew up in the U.S., and/or even has a green card.

For foreign nationals or non-U.S.-citizens who are already stranded abroad as a result of the time bar, the process and wait-time for applying for a waiver, such as an I-601 extreme hardship waiver (I-601 waiver), are complex, lengthy and extremely stressful to both the non-citizens, and their aggrieved family members in the U.S. This is because the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary; and the wait-time for an I-601 waiver immigration adjudication office varies widely, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks.

As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

A. At present, for example, certain foreign nationals (non-green card holders) who have been illegally present in the U.S. for more than 180 days or one year; and have either departed the U.S. or have previously departed and re-entered the U.S. without the appropriate waiver, within the proscribed/prohibited period of time bar of either 3 years or 10 years, respectively, will need an I-601 extreme hardship waiver (“I-601 waiver”) if they are to be allowed to return to or remain in the U.S.

This 3-year/10-year bar also applies to foreign nationals with pending green card cases who traveled or are traveling on I-131 advance paroles, if they have been illegally present in the U.S. for more than 180 days or one year, respectively.

B. For example, under certain circumstances, to the surprise of many, even green card holders or lawful permanent residents (even for those who have lived in the U.S. for most of their lives), may experience the following:

(i) Under certain circumstances, green card holders may need an I-601 waiver if they are to be allowed to remain in or return to the U.S.; or
(ii) Under certain circumstances, green card holders may be considered to have abandoned their green card status (intentionally or even unintentionally) which include, but are not limited to, prolonged or frequent absences from the U.S., or working abroad. Having a re-entry permit will not necessarily prevent a finding of abandonment of green card status; or
(iii) Moreover, revocation of green card status may occur such as if there is a finding of fraud, misrepresentation or initial ineligibility.

C. For example, foreign nationals or non-U.S.-citizens (including green card holders) with certain criminal histories may need an I-601 waiver if they are to be allowed to enter, return to or remain in the U.S.

D. For instance, certain foreign nationals who have removal/deportation orders may need an I-212 waiver if they are to be allowed to return to the U.S.

E. Similarly, some foreign nationals or non-U.S.-citizens (including green card holders) with U.S. immigration applications previously denied, or even approved, under limited situations may, years later, discover that they need an I-601 waiver.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Temporary Protection Status (TPS) for Haiti Starting on January 21, 2010!

The U.S. Department of Homeland Security (DHS) will be publishing the Federal Register notice announcing the designation of Haiti for temporary protected status (TPS) on 1/21/2010, allowing eligible individuals from Haiti to apply for TPS starting 01/21/2010.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

News Headlines: Haitians who are in the U.S. illegally will likely be able to apply as early as Thursday to temporarily stay in the United States.

Temporary Protection Status (TPS) applications can be filed as soon as official notice is published in the Federal Register, likely Thursday. See http://www.chicagotribune.com/news/politics/sns-ap-us-haiti-earthquake-immigration,0,1855138.story

United States Immigration Relief Measures for Individuals from Haiti

On January 18, 2010, the U.S. Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) issued DHS' immigration relief measures for individuals from Haiti. DHS will continue to monitor the situations in Haiti to determine if additional actions will be required. As of January 18, 2010, the available immigration relief measures include, but are not limited to, the following:

1. Favorable adjudication of applications for extension or change of status. Individuals who previously held valid nonimmigrant status may also apply.
2. Automatic extension of advance paroles until March 12, 2010 for individuals already in Haiti whose parole documents expire on or after January 12, 2010.
3. Individuals already paroled into the U.S. may apply to extend their parole documents.
4. Stay of removal applies on case-by-case basis.
5. Expedited processing of certain pending and/new immigration applications or petitions.
6. Individuals from Haiti who are currently in the U.S. in F-1 student status who may no longer afford their school fees may be able to apply for Employment Authorization.
7. Certain individuals from Haiti currently in the U.S. may apply for employment authorization.
8. Temporary protection status (TPS) applies to eligible individuals from Haiti.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224

www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Comprehensive Immigration Reform - Pathway to U.S. Immigration Status and Citizenship!

In conferences and radio interview held in August 2009, President Obama has reaffirmed his position in pursuing legislative action on comprehensive immigration reform, in 2010, of the currently broken U.S. immigration systems, after attending to more critical issues such as U.S. healthcare and financial reform.

Comprehensive immigration reform is a highly advocated proposal by the U.S. government to create immigration systems to provide immigration status and citizenship to millions of undocumented foreign nationals who are currently in the U.S., as well as providing opportunities for other foreign nationals to work and live in the U.S. under efficient and regulated processes.

Foreign nationals are vital to the U.S. economy, especially during this international economic crisis. Foreign nationals often bring with them diverse skill sets to fill the labor shortages for work which could not be completely filled by U.S. citizens. In addition, the diverse cultures and backgrounds of foreign nationals generate new and increased demands and services in the U.S., which in turn, will positively stimulate the economy and create additional jobs. The U.S. has been a country which has historically thrived on the contributions of immigrants and U.S. natives, and will continue to be so.

As a former immigrant and an immigration attorney, I have experienced the U.S. immigration systems on both personal and professional levels. After years of good faith efforts by the U.S. government to implement piecemeal immigration law (which often do not work in harmony with the other immigration law) to address immigration issues, the execution of the U.S. immigration law has become cumbersome and extremely difficult. A comprehensive immigration reform in the U.S. is crucial to a well-regulated society, workforce and economy.

It is not possible to halt illegal immigration into the U.S. The only way to implement fully functioning immigration systems for a well-regulated nation in the U.S. would be to allow legal entries of foreign nationals in orderly, systematic and regulated manners under harmonious comprehensive immigration systems.

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For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.