By Brian Figeroux, Esq.
Maintaining an up-to-date address with U.S. immigration authorities is a legal obligation that affects a broad spectrum of noncitizens. Whether you’re a visa holder, a green card applicant, or in removal proceedings, failing to report an address change can have serious consequences. This article explains who must file a change of address using USCIS Form AR-11 and EOIR Form 33, and when each form applies.
USCIS Form AR-11: For Immigration Benefits Applicants and Nonimmigrants
Form AR-11, also known as the Alien’s Change of Address Card, is required by law for nearly all non-U.S. citizens living in the U.S. who are not in removal proceedings. This includes:
- Nonimmigrants with visas (e.g., B-1/B-2, F-1, H-1B, L-1, O-1)
- Lawful permanent residents (green card holders)
- Pending immigration benefit applicants (e.g., I-485, I-130, I-765)
- Parolees and asylum seekers
- Individuals with I-94 records who remain in the U.S. for more than 30 days
When to File:
- Within 10 days of moving to a new address
- Can be filed online at uscis.gov/addresschange
Consequences of Non-Compliance:
Failure to update USCIS may result in:
- Missed important notices (RFEs, biometrics appointments, interviews)
- Denial of applications
- Fines or even removal proceedings in some cases
EOIR Form 33: For Individuals in Removal Proceedings
EOIR Form 33, the Change of Address/Contact Information Form, is specifically required for individuals who are in removal (deportation) proceedings before the Executive Office for Immigration Review (EOIR), which includes immigration courts and the Board of Immigration Appeals (BIA).
This form must be filed separately from USCIS notifications and sent directly to:
- The immigration court handling the case
- EOIR if the case is before the BIA
Who Must File:
- Noncitizens with pending removal proceedings
- Asylum applicants in court
- Individuals with appeals before the BIA
Filing Deadline:
- Within 5 business days of moving
- A separate Form EOIR-33 must be filed for each court or BIA proceeding
Consequences of Not Filing:
- Missing hearing notices can lead to in absentia removal orders
- Legal defenses or applications can be forfeited if you don’t appear
Dual Filing Requirement
It’s critical to understand that filing Form AR-11 with USCIS does not notify EOIR, and vice versa. If you’re in removal proceedings and also have a pending USCIS application, you must file both forms to remain in compliance and ensure proper delivery of legal notices.
Conclusion
Filing a change of address isn’t just bureaucratic—it’s a fundamental part of maintaining lawful status in the U.S. Whether you’re navigating immigration benefits through USCIS or defending your right to stay in immigration court, knowing when and where to file Form AR-11 and Form EOIR-33 is essential to protecting your rights and avoiding unintended consequences.
