Can I get in trouble for forgetting to tell the government I moved to a new apartment?
Quick Summary
It depends on whether your cousin can prove the failure to update his address was a mistake. While he could face a fine or jail time, he may avoid deportation if he can show the error was 'reasonably excusable' or 'not willful' [cite:us-title8-ina-sec1306].
The situation
I am currently living in Florida and I am trying to figure out a situation involving my cousin who is here on a specific visa. About four months ago, in early January, we both moved from our old apartment in Orlando to a new place in Tampa. My cousin is the one who needs to keep his paperwork updated, but with the stress of the move and changing jobs, he completely forgot to send a written notice to the government about our new home address. We didn't realize this was a formal requirement until we were looking through some old documents last week. I already tried calling a local community center to ask if this was a big deal, but they just told me to talk to a professional. I am worried because I know there are rules about keeping addresses current. Specifically, I need to know if he can face a fine or even jail time just because he missed this update, and if the government can try to deport him even if he didn't mean to break the rules on purpose. Is there a way to prove it was just a mistake?
Detailed Analysis
Under federal law, individuals on certain visas are required to notify the government of any change in their residence. Specifically, an alien must "notify the Attorney General in writing of each change of address and new address within ten days from the date of such change"[1]. This means your cousin was legally required to report his move from Orlando to Tampa within ten days of that move in early January[1].
Because your cousin missed this deadline, he could face criminal penalties. The law states that any alien who "fails to give written notice to the Attorney General... shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both"[2]. A misdemeanor is a type of minor crime that is less serious than a felony.
Regarding your concern about deportation (also known as removal), the law is very strict but provides a defense for honest mistakes. Even if your cousin is not convicted of a crime, the law says that "any alien who fails to give written notice to the Attorney General... shall be taken into custody and removed"[2]. However, he can stop this process if he "establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful"[2].
In your cousin's case, the stress of moving and changing jobs might be used to argue that the failure was not intentional. However, whether the government accepts these reasons as "reasonably excusable" is not guaranteed and is ultimately up to the Attorney General's discretion. The provided statutes do not define exactly what qualifies as a 'reasonable' excuse, so the outcome is uncertain.
Note that state, provincial, or local laws may add further rules regarding residency or registration requirements.
Statutory Citations
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1305 — Notices of change of address
"notify the Attorney General in writing of each change of address and new address within ten days from the date of such change"View Official Legislation →
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1306 — Penalties
"fails to give written notice to the Attorney General... shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both"View Official Legislation →
Legal Citation: Immigration and Nationality Act § 8 U.S.C. § 1306 — Penalties
"any alien who fails to give written notice to the Attorney General... shall be taken into custody and removed... unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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