permanent resident has a renewal case pending with immigration USCIS and failed to change address will this affect my case

Tucson, AZ Viewed 884 times. Posted about 1 year ago in Immigration

change of address: I've been a permanent resident for 10 years. I have recently found out that we have to report to IRS when we change the address.

I moved to this address about 5 years ago and did not report it because I didn't know the rule. Can I change it now or is it too late to do anything about it? I have a renewal case pending.

Thank you so much for your advice.

Additional information
Thank you so much for your advise.

I voluntarily amended tax return on some unreported foreign income this year after I got to know the law. I haven't heard back from IRS, but hopefully there is no conviction. I am afraid this could affect my status in the U.S.

Should I go ahead to change the address online before I contact a counsel?

Everything just happened at once. I am so worried.

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Answers (2)

Thuong-Tri Nguyen

This attorney is licensed in Washington. Posted about 1 year ago.

You likely mean the immigration services (such as USCIS). The Internal Revenue Service does want to be notified of new addresses so that notices about taxes may reach the taxpayer. However, as far as I know, not telling the IRS where one lives by itself is not a crime. But sending notices to the last known address is generally good service of the notices on the taxpayer.

Under INA Sec. 237(a)(3)(A) [8 U.S.C. 1227], failure to report a change of address is a basis for deportation:

(A) Change of address.-An alien who has failed to comply with the provisions of section 265 is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

INA 265 is the section that requires reporting a change of address within 10 days.

I have never seen a case in which the government deports an alien solely because of a failure to report a change of address. In the cases that I have seen, the charge of failure to report a change of address is piled on so that the government has another basis to deport the alien. However, just because I have never a case does not mean it has not or will not happen.

You should report the change of address to the government. If you are concerned that the government will do something to you, you should consult an attorney to see if there is any other basis for your concerns. An alien should keep the government informed of where the alien is since the government will use the last known address to send notices to the alien.

USCIS now allows filing the change of address online at www.uscis.gov .

Ritu Goswamy

This attorney is licensed in California. Posted about 1 year ago.

If you are worried about your status, you should talk with an attorney before you do anything. But do not delay. It is important to let USCIS know of your new address as soon as possible.