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What are the consequences for LPRs who fail to report the change of address with USCIS?

Red Bank, NJ |
Filed under: Immigration

I am an LPR since 2006. I have never reported the change of address since I moved out of my ex husband's house (2010) as I didn't know about this rule. I have been in China now for 8 month with my fiance and we are coming back in two months. Shall I at this point report the change of address? I want to avoid any problems being admitted back into the country as I found out a failure to report an address change is a violation. We gave up our apartment in NJ before we left and receive our mail temporarily at his parent's address which is in CT while we are away. We plan to find an apartment in NJ and reside there when we come back. I have NJ driver's license, filed my return as a NJ resident. Shall I report my temporary mailing address in CT to USCIS where I really do not plan to reside?

Attorney Answers 3

  1. You cannot updo the past, so start filing change of address forms with the USCIS after you return to the US. Also, since you were outside the US for more than 180 days, this raises a legal presumption that you abandoned your lawful permanent residence. You should be ready to convince the CBP officer at your port of entry that you always intended to return to the U.S.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. Mr. Shusterman is correct ... your address problem isn't as big as your 'not living in the US' problem.

    An absence of more than 6 months will probably cause 'questioning' when you arrive at the US port of entry.

    Talk to an attorney ... many of us consult via Skype.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. i agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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