After entering the U.S. through the border and becoming involved in the immigration process, many of our clients frequently ask questions about address changes. In this article, we explain what border-crossing migrants with pending court cases need to pay attention to when changing their address, whether the court will be relocated, and the possible risks involved.
1. Is Address Change Mandatory?
Yes. In the United States, anyone involved in any process with Immigration and Customs Enforcement (ICE) or the Immigration Court (EOIR) is legally required to officially report any address change. Failure to do so can have serious consequences. This is especially critical for those who entered through the border and have active court proceedings.
2. How Is an Address Change Reported?
An address change must be reported through the following methods:
- For USCIS (U.S. Citizenship and Immigration Services):
- You can fill out Form AR-11 and submit it via the USCIS website.
- If you have a pending application with USCIS (e.g., Form I-589), you must notify the address change not only via AR-11 but also specifically for that application.
- For EOIR (Immigration Court):
- Use Form EOIR-33.
- A separate EOIR-33 form must be submitted for each court file (e.g., if each family member has a separate A-Number).
- The form must be sent in a way that it reaches the records of the current court. This is essential for it to be processed into the court file.
- A copy of the form must also be sent to the Office of Chief Counsel (DHS Attorney Office).
3. Does Changing the Address Automatically Move the Court to the New Address?
No. Simply updating your address does not automatically transfer your court case to a new state or city. To move the location of your court case, you must take an additional step called a Change of Venue (COV) request.
4. How Is a Change of Venue (COV) Request Made?
A Change of Venue request is submitted as follows:
- A written motion (petition) is prepared.
- The reason for relocation and why the new location is more appropriate is explained.
- A hearing date at the new court location is requested.
- The motion must be submitted to the current court and the DHS attorneys.
- If the judge approves the request, the file is transferred to the new state or city.
⚠️ Important: Until the COV request is accepted, hearings at the original court location remain valid. Missing a scheduled hearing can result in a removal order in absentia (deportation issued in your absence).
5. Most Common Address-Related Mistakes and Their Consequences
- Not reporting a new address even though you’ve moved:
- Court notices are sent to the old address.
- If you don’t receive these notices, you may miss a hearing and be ordered deported in your absence.
- Incorrect forms or incomplete procedures:
- Updating your address only with USCIS is not sufficient for EOIR.
- If EOIR-33 is not submitted, the court assumes you still live at your old address.
- Not requesting a Change of Venue (COV):
- If your court is in Texas but you now live in New Jersey, you will still be required to attend hearings in Texas unless a COV is granted.
6. Frequently Asked Questions
Q: I moved to a different city within the same state. Do I need to file a COV?
A: It depends on the state. If the court location does not change, a COV is not necessary—just submitting EOIR-33 is sufficient. However, if the new city is far from the current court, a COV request is recommended.
Q: I no longer live at my landlord’s address but still report it. Is that a problem?
A: Yes. Providing a false or outdated address to immigration authorities can raise credibility issues and harm your case.
Conclusion
Address change may seem like a small matter, but it can have serious consequences in the immigration process. Therefore:
- Always report address changes to both USCIS and EOIR in a timely manner.
- If you have moved to a different state, be sure to submit a COV request.
- Coordinate this process with your immigration attorney.
Acting based on up-to-date information and documenting everything in writing is the most essential way to protect your case.
The information provided in this post is for general informational purposes only and does not constitute legal advice. Each case is unique, and we encourage you to contact us directly for a free consultation regarding your specific situation.