Could a change of address get you deported?

(First of two parts)

The US Citizenship and Immigration Services (USCIS) is proposing a change to the Form AR-11 (change of address) that has many immigrants concerned – especially people with pending immigration cases, green card applications or who are out of status. In fact, some of the information being requested could result in a person being placed in deportation/removal proceedings.

The proposed changes to Form AR-11 would require non-citizens to provide additional information, such as: education history, employment history and whether they’ve received certain means-tested public benefits.

This information could potentially be used in future immigration enforcement or public charge determinations, resulting in immigration benefits being denied and the person being placed in deportation/removal proceedings.

I want to emphasize this is still a proposal. It is not final yet. But because this could affect many immigrants, it’s something you should absolutely pay attention to.

What is Form AR-11?

Form AR-11 is the form many non-US citizens must use to notify USCIS when they move to a new address. Under immigration law, most non-citizens are required to report an address change within 10 days of moving. Traditionally, the AR-11 has mainly been about updating your address.

But under this proposed change, USCIS may begin collecting significantly more personal information through the address-update process itself.

According to reports about the proposal, USCIS may ask applicants about: current and past employment, school attendance or educational background and whether the person has received means-tested public benefits.

That last point is especially important because of something called the “public charge” rule.

What is a public charge?

A “public charge” is a legal immigration concept that has existed in US immigration law for many years. In simple terms, immigration officers may evaluate whether someone is likely to become primarily dependent on government assistance in the future. In other words, will the person be relying on taxpayers for welfare, housing, medical care, etc.

Historically, public charge reviews have mostly come up during green card applications, adjustment of status cases, certain visa applications and some admission decisions at the border.

The law has changed several times over the years, depending on different presidential administrations and court decisions. Currently, there are many exemptions and limitations in public charge policy, and not every immigrant is subject to these rules. Refugees, asylees, Violence Against Women Act (VAWA) applicants and several other groups are generally exempt. 

But what’s making people nervous now is the possibility that information collected through an address change form could later be reviewed in connection with immigration enforcement or public charge evaluations.

And to be clear: USCIS has reportedly stated that the information could be used for immigration law enforcement purposes or used against a person to place them in deportation if they are receiving certain government assistance. As stated by USCIS, the information provided will “be used to identify aliens who may be receiving means-tested public benefits in violation of the restrictions on eligibility established by Congress…[and] will be used by the Secretary to enforce the immigration laws of the United States, including the public charge ground of deportation.”

To be continued