If you have a case pending with the Asylum Office and you move, you are supposed to file a change of address (form AR-11) within 10 days. It should be that easy, but of course, these days at the Asylum Office, nothing is easy.
The first problem is that if you move and you file a change of address, it could affect your eligibility for an Employment Authorization Document (“EAD”)–a work permit. Once your case is received by the Asylum Division, the “Asylum Clock” starts to count time. When the Clock reaches 180 days, you are eligible for an EAD (you can mail your EAD application after 150 days, but unless the Clock reaches 180 days, you will not receive the EAD). The problem is that if you do anything to cause a delay in your case, the Clock will stop and you won’t get your EAD, at least not for a long time. [Update 04/12/2017: Moving your case to a new Asylum Office should not stop the clock; this rule was changed by USCIS].
The Clock stops if you fail to appear for an interview or a fingerprint appointment, or if you move your case to a different Asylum Office–all these things are considered applicant-caused delay. Therefore, if you move, and the move results in your case transferring to a different Asylum Office, you may lose your opportunity to get an EAD (to see whether a particular move will cause your case to transfer to a new Asylum Office, you can check here).
In theory, the solution to this problem is easy: Don’t move until after you receive your EAD. In reality, it is not always so simple. People who file for asylum often do not have stable addresses in the United States (they’re refugees after all), and so it can be difficult to maintain a permanent address for long enough to receive the EAD. If at all possible, you should find a long-term address and use that address when you file your case. This will potentially save you a lot of trouble down the line.
For those unlucky few who must move their case to a different asylum office, you have to make a choice: Change your address–as the law requires–and likely lose the EAD (if less than 180 days have passed on the Clock), or violate the law by either keeping the old address (assuming you can still get mail there) or using another address within the jurisdiction of the original asylum office. If you choose to violate the law, you will probably get the EAD, but you could be subject to civil and criminal penalties (a fine and up to 30 days in jail), and it could affect the outcome of your asylum case (“So, Ms. Asylum-Seeker, you lied to us about your address. What else are you lying about?”).
Another problem for people who change Asylum Offices is that the transfer can cause delay (though I’ve seen examples both ways – usually a move makes the case slower, but in other cases, it seems to make the case faster). It may also put you far away from the lawyer who initially prepared your case or other people who are assisting you. There is not much you can do about these things, but they are good to think about before you file the case.
A third problem occurs when you move for a temporary period of time. I see this a lot: People move to a new city for school or work, but they do not change their “permanent” address. In this case, it is sometimes difficult to know whether to file a change of address form. If you change your address again and again, you will potentially bounce around between different asylum offices and never get an interview. On the other hand, the Asylum Officer might be suspicious if you list your home address in one city, but you are working or studying in a distant city. When my clients make a “temporary” move, I advise them to keep as much of their documents at their “permanent” address as possible: Driver’s license, tax documents, bank accounts, etc. Even so, it is unclear whether we are violating the law by not informing DHS about the temporary move. Indeed, the law itself (INA § 265) provides little guidance. At least in my experience, the Asylum Office is fairly lenient on people who make temporary moves, as long as there is evidence that they have maintained the permanent address.
As a lawyer, of course, I cannot advise anyone to violate the law by not filing a change of address form. But I would offer that if you are thinking about violating the law in order to get your EAD or keep your case from being transferred, you should talk to a lawyer first about your specific case. It may seem easy enough to not inform USCIS of an address change, but I have seen this play out at asylum interviews, and I recently almost had a big problem for one client who failed to inform USCIS about his change of address (let’s just say I was chastised by the Asylum Officer, which made me feel kind-of bad (Jewish guilt and all that), but fortunately, the client received asylum).
In the end, the best way to avoid a problem is to file the asylum application using an address where you can remain for a while. In the days before the backlog, when cases only took a few months, this was not difficult. But now, like everything else related to asylum, it ain’t easy.
Hi Jason,
Will the asylum clock stop for EAD purposes, if I move AFTER the interview but before the decision is made by USCIS? The USCIS FAQ does not address situation when you move AFTER the interview.
Thank you.
I should add that the asylum office location will not change. Chicago office has jurisdiction before and after move.
In that case, it does not matter. Also, if you already waited 180 days and have a work permit, there is no effect even if the clock does stop. Take care, Jason
Hey Jason
I’m an asylum seeker filed my case in Chicago and get my work permit soon, my mailing address and physical address is in Chicago but I want to live and work in California, what do you advice me ? Is that ok to change my address or can I work by Chicagos’ Work permit in California? Is that creates delays or affect my case for an interview?
If you work, live, pay taxes, and have a driver’s license in California, you should change your address to CA. If you have meaningful connections and a valid address in Chicago, you can keep your case there. However, if the asylum office thinks you are lying about your address, they could cancel your interview and send you to the correct office. Also, if they think you are lying about your address, they may think you are lying about your case, so I would be careful to only use an address where you actually have attachments, especially the driver’s license and taxes. Take care, Jason
Hello. I’m an asylum applicant in Texas applied in Oct 2023 which means my case is under 180 days for EAD clock. I’m planning to move to NYC in this coming month Feb. I wonder if I could keep my address in Texas (it’s my relative address) until I receive the cards while I live in NYC. I will change the address after I get it. I don’t have attachments like taxes or driver license to show though. How do you advise? Thank you for your time.
I think it is best to not change your address until you have the card, as you do not want to mess that up. If you can legitimately use the TX address until then, that would be best, since if you move and change your address before you get the work permit, it could cause the “asylum clock” to stop, and then you may never get the work permit. Take care, Jason
Can you explain furthermore about legitimately using the TX address? And is it okay for me to start applying for EAD in April or May?
You can only apply for an EAD if 150+ days have passed since you filed for asylum. If you move, you are required to change your address, which could potentially delay or block you from getting an EAD. For that reason, I recommend that people do not move until they have the EAD, as that is safest. If you can maintain your old address until you get the EAD and continue to get mail at that address, that is better. Once you have the EAD you can close out the old address and file your change of address with USCIS. Take care, Jason
Hi Jason.
Happy hanukkah!!
I was wondering if you could give me information about a permanent change of address. I am waiting an individual hearing with the old address, so my question is, can I transfer the individual hearing to the new address with a different state??
Thanks all the best!!
If you have a court case and you move, you are required to inform the court (and DHS). Use form EOIR-33 (which you can Google). Submitting the form may or may not cause your case to move. If you want to move your case, you can file a Motion to Change Venue. Even if you do not file the motion, the court may move your case, but that depends on the case and the judge. Take care, Jason
What is the meaning of issues I-220A, when you have your I-730 applied ? And u are being referred to immigration court ?
I do not know what that is, sorry, Jason
My EAD expires on 02/02/2020 and l moved from Miami to New York. I changed my address online. There was an option to change permanent address and mailing address. I changed both to the New York address. Does this mean my case is going to be moved from Miami to New York. Also, can l still correct the mistake l did so l can maintain the Miami physical address and only change Mailing address? How does changing my address at this time affect the renewal of my EAD.
If all goes well, everything should be in NY, including your interview and your new EAD. I do not think that this will cause a delay, but it is difficult to predict that. If you prefer to keep everything in Miami, I guess you can have your physical address there and your mailing address in NY, but this seems strange and so you may need to explain the arrangement to the asylum office at your interview (whenever that may be). Take care, Jason
Thank you for your response. I appreciate. Now since l did the change of both physical and mailing on 12/ 04/2019, where should l make the renewal application for my EAD. Which office should l send my EAD renewal application or it’s still too early. Thank you
You should use your new address and check the instructions for the I-765, available at http://www.uscis.gov, about where to file. Take care, Jason
Hello Jason. I changed my address online. Do I need to send it by mail to the asylum office as well?
Thanks!
No – that should be enough, as long as you changed it for the I-589 form. Keep your confirmation, so you will have that if you ever need it. Take care, Jason
Sorry to bother again Jason, What you mean for form I-589? I changed it in here ” https://egov.uscis.gov/coa/addressChange.do ” and since I am still on my F1 I put it as student.
Thank you!
When you do the change of address online (form AR-11, available at http://www.uscis.gov), there should be an option to change the address for different applications – including the I-589. Make sure you change your address for all pending applications, so that if you get an interview notice for the asylum case, it goes to your current address. Take care, Jason
Thank you Dear Jason!
Hello Jason,
Do I need to fill the form too if I am not changing my mailing address? I would like to keep my current mailing address because it’s more permanent but I have move 15 min away from it, which still around it . Do I then answer as if my physical address was different on my EAD application or should I put both the same address for physical and mailing address ? Also I have changed my address on my drivers license when I had to renew it and now I need to renew my EAD and I am not sure if I have to fill the change of address form or not.
You can keep a mailing address and a physical address for an asylum case, and when you change the address using form AR-11, it allows you to have a physical and mailing address too, and so you can keep the mailing address the same even if you move. It is probably best to have your driver’s license and your address with USCIS the same. Take care, Jason
Hello Jason
My asylum is pending and it is filed in California. Recently I found a job in Texas and I am planning to move to Texas, will it be a problem if I lease an apartment in Texas while my case is still pending in California.
If this is a permanent move and a permanent job, you have to change your address using form AR-11, available at http://www.uscis.gov. This will cause your case to move from CA to TX. If you maintain an address, driver’s license, and taxes in CA, and you go back there sometimes, maybe you can say that CA is your permanent address and not file the AR-11. The risk is that you do not want the asylum officer to think you are lying about your address, as that could cause them to think you are lying about the case as well. Take care, Jason
Hello Jason,
I have recently moved from D.C to west Virginia for temporarily contract job. My EAD is going to expired at the end of November 2019 I’m concerned and worried about it should have to change my address? I might be here for 6 months can I fill out theI-765 form and send as my mailing address with the one I have in immigration(D.C) and physical address the one I reside ( WV)?. Please advice me on this issue. Thank you in advance!
If this is a temporary move and you kept your permanent address, it might be cleaner to keep everything at the one (permanent) filing address. If that does not work, I guess you can do a mailing address in WV and a physical address in DC. I just do not know whether – if you need fingerprints – if they would schedule that near your mailing address or physical address. Take care, Jason
Hi Jason,
Thank you so much for your advice! Just one more question regarding EAD renewal as this is my first renewal and currently residing in another state.I Do I have to fill out and send change of addres AR 11? I appreciated your response.
Thank you
If you moved and have a new address, you need to file a change of address, AR-11, for the I-589 and any other applications that are pending when you move. Take care, Jason
Hi Jason,
Thanks to you I have filled AR-11 successfully. But the email confirmation stated expect reply by July 14 so should I wait to file my EAD renewal until that day? And do I need to change my D.C driver license to WV? even if I am living here for 6 months? I thank you so much for all your advice!
I do not know what other confirmation there will be. You do not need to wait to file the EAD. As for the DL, I think it is up to you. If you are only in WV for 6 months, and you still get mail at your DC address, it may be more trouble than it is worth – but I do not know the rules in WV and so you may be required to change it. For immigration purposes, I do not think it will much matter either way. Take care, Jason
I moved recently from California to New York, i am a pending asylum seeker , should I submit any other form beside the AR 11 ?
The AR-11 should do it (keep a copy of the email confirmation or the mailing receipt). If you are concerned about your case transferring to NY, you can also email the old and new asylum offices to confirm that the case is transferred – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I have applied for an asylum in fall 2015 at Arlington office. I need to move to New York for a duration of 6 months to an year for study. I was wondering should I change my address and what year cases are currently being interviewed at New York office?
Thank you,
S
I do not know what year NY is interviewing, but they seem to be making little progress on the backlog. If you keep your old, permanent address, and only move to NY temporarily, there is probably no need to change your address, but if you give up the old address, you need to change your address using form AR-11, available at http://www.uscis.gov. Unless something changes, it is probably unlikely you will get an interview if you move the case, but you never know, so it is probably a good idea to have all the evidence ready, just in case you are called for an interview. Take care, Jason