State Letter #02-29
TO: STATE REFUGEE COORDINATORSNATIONAL VOLUNTARY AGENCIES
OTHER INTERESTED PARTIES
FROM:
Nguyen Van Hanh, Ph.D.
Director
Office of Refugee Resettlement
SUBJECT: Reminders on Registration, Change of Address and Adjustment of Status
In
recent months, the Attorney General has published proposed rules, which
mention already existing responsibilities that non-citizens have under
the Immigration and Nationality Act (INA) to register with the Immigration
and Naturalization Service (INS) and to report changes of address.[1] Although these requirements are not new, many of the
individuals that provide or receive ORR-funded benefits and services
may not be aware of these responsibilities. Some benefit-granting agencies have expressed concern that refugees
and other ORR-eligible groups[2] will be penalized for not
complying with these rules. ORR is issuing this State Letter to inform the organizations that
serve ORR-eligible groups about the registration and change of address
requirements. This State Letter also
notes a refugee's responsibility to apply for adjustment of status after
one year in the United States.
ORR
does not enforce this country's immigration laws and cannot provide
legal advice on individual cases. However,
ORR encourages organizations that are in a position to advise ORR-eligible
groups to work with them on these INS requirements so that their resettlement
in the United States is not marred by immigration complications.
Registration
Section
262(a) of the INA requires virtually all non-citizens 14 years of age
or older who remain in the United States for 30 days or longer to register
with the INS.[3] The groups that ORR serves must register with the
INS. The INS has designated certain
forms as evidence of registration. Some
of those forms are the I-551, Lawful Permanent Resident Card; I-688B,
Employment Authorization Document; I-766, Employment Authorization Document;
and the I-94, Arrival-Departure Record, for individuals paroled into
the United States under section 212(d)(5) of the INA.[4] (The I-94 is not a registration document for refugees
and asylees.) Under section 266(a)
of the INA, non-citizens who willfully fail or refuse to apply for registration
will be guilty of a misdemeanor and, upon conviction, be fined not more
than $1,000 or be imprisoned not more than six months, or both. Under section 266(c) of the INA, non-citizens who
file an application for registration that contains false statements
or who procure or attempt to procure registration through fraud will
be guilty of a misdemeanor and, upon conviction, be fined not more than
$1,000 or be imprisoned not more than six months, or both. Any non-citizen so convicted will, upon the warrant of the Attorney
General, be taken into custody and removed.
Change of Address
Section
265(a) of the INA says that non-citizens who are required to register
must notify the Attorney General of a change of address within 10 days
of the change. The groups that ORR
serves must report a change of address. To
do this, they may fill out INS Form AR-11, which can be found on the
INS website at www.ins.gov. Section
266(b) of the INA says that a non-citizen who fails to report a change
of address will be guilty of a misdemeanor and, upon conviction, be
fined not more than $200 or be imprisoned not more than thirty days,
or both. The section also says that
a non-citizen who fails to report a change of address shall be taken
into custody and removed from the United States, unless he or she can
establish that the failure to report the change of address was reasonably
excusable or was not willful.
Adjustment of Status for Refugees
Refugees
(not asylees, Cuban and Haitian entrants, Amerasians or trafficking
victims) are required to apply to the INS for adjustment
of their status (i.e., to become lawful permanent residents, "green
card" holders) one year after entry.[5] Refugees apply for lawful permanent resident status
by filling out INS Form I-485, for which refugees do not need to pay
a fee.
[1] 67 FR 40581, June 13, 2002. 67 FR 48818, July 26, 2002.
[2] Individuals with the following statuses are eligible for ORR benefits (45 CFR §400.43(a)(1)-(6)): refugees admitted under §207 of the INA, asylees whose status was granted under §208 of the INA, Cuban and Haitian entrants, in accordance with the requirements in 45 CFR §401.2, certain Amerasians, and victims of a severe form of trafficking as defined in §107(b)(1)(C) of the Trafficking Victims Protection Act.
[3] Non-citizens under the age of 14 must be registered by
their parent or legal guardian. INA §262(b)
[4] For a complete list of forms designated as evidence of
registration, see 8 CFR §264.1(b).
[5] INA §209(a)(1), 8 CFR §209.1(a)(1).