International Office
Duke University School of Medicine School of Nursing Health System International House
Address Reports Required of Aliens in the U.S.
(Revised 04 January 2004. Reviewed 04 January 2004.)

You may go directly to the Duke Address Report web page.

Note that different visa classifications require different kinds of reporting. The Duke Address Report page will lead you through the steps. The information below will give you more details on the requirements and the process.

The Immigration and Nationality Act (INA), the formal name for the immigration laws, requires any alien in the U.S. to report his or her address to the Department of Homeland Security (DHS) within ten (10) days of the change of address. F, M, and J students and others in J Exchange Visitor status may meet this obligation by reporting their addresses to their schools or program sponsors. This FAQ will help you understand your responsibilities in this regard and how to meet them.

1. What exactly is the rule about address reporting?
2. I know that I have filled in my address on lots of forms. How is this different? Is this the same as filing a change of address with the U.S. Post Office? Why do I have to follow another procedure?
3. How do I report my address? Where do I send it?
4. I do not like the idea of reporting my address to DHS. What happens if I just refuse to do it?
5. What if I did not know about this rule and have not reported my address, or if I forget and report late? What will DHS do?
6. I may be moving around a lot. My box number is the most accurate address to reach me. Why does DHS want to know every time I move?
7. I am just a student or scholar. I study, I do my research, or I teach. I am not doing anything wrong. Why would DHS or any other law enforcement agent want to find me?
8. OK, now I am beginning to feel a little uncomfortable about this. What has Duke done or is Duke doing about this address reporting and the general treatment of international students and scholars?
9. But don’t I have Constitutional rights? What about my civil liberties?
10. I still have questions about this. Who can answer my questions?
 
1. What exactly is the rule about address reporting?
 

INA Section 265(a) reads,

"Each alien required to be registered under this title who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation."

If you are an alien, a person who is not a citizen or national of the United States, and if you are physically present within the U.S., then you are required to be registered, that is, to have an I-94 card or similar document confirming status in the U.S. As an alien you are required to make address reports as specified in the law and directed by DHS within 10 days of any move or change of address.

DHS has set different address reporting rules for different visa classes and for citizens and nationals of certain countries.

F, M, and J students and J-1 scholars, including those in F, M, or J status who are subject to NSEERS, meet the address reporting obligation by reporting to the school or program in a manner specified by the school or program. F-1, M-1, and J-1 students and scholars are held to the 10-day reporting deadline, but the report is made to the school or program instead of to DHS, and the school or program reports to DHS via SEVIS.

Persons identified for NSEERS, except those in F, M, and J status, make address reports in the manner specified by DHS in the NSEERS instructions. The 10-day reporting deadline applies to NSEERS. For more information on NSEERS, click here.

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2. I know that I have filled in my address on lots of forms. How is this different? Is this the same as filing a change of address with the U.S. Post Office? Why do I have to follow another procedure?
 

U.S. federal (national) law specifically requires aliens to report their addresses to a particular location in a particular way. This law has been "on the books" for a very long time. Other address reporting is for other purposes. For example, you might complete a change of address form at the U.S. Post Office to make sure you get your mail delivered properly. This is an action that a U.S. citizen might take as well. It is useful, but not mandatory. Address reporting to DHS in a particular way is mandatory.

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3. How do I report my address? Where do I send it?
 

There are different ways to report you address depending on your nonimmigrant status in the U.S., your home country, and a few other factors.

If you are a student (or dependant family) in F, M, or J status and if Duke issued your I-20 or DS-2019, then you must report your address through ACES. To do that

  1. Go to http://registrar.duke.edu
  2. Click on ACES WEB and enter your ID and PASSWORD.
  3. Check, and update if necessary, your "Local Residence" address with a local U.S. physical location. Note that if you live on campus, the Housing Office maintains your address and you will not be able to update. Instead, check your campus housing address and notify the Housing Office if it is incorrect in ACES.
  4. Update your "International" address. It must be an address outside the U.S.

If you are an exchange visitor in J-1 status in a category other than student, you must report your address to the International Office through the Address Report and Update web site at https://intoffice.duhs.duke.edu/

If you hold any other nonimmigrant status such as B, H, TN, O, and so on, you must report your address on Form AR-11. DHS posts this form on its web site at http://uscis.gov/graphics/formsfee/forms/index.htm.
Note that the form gives you the proper address to which it must be mailed.

If you have been identified for NSEERS and you are not in F, M, or J status, (see FAQ: NSEERS Special Registration), you must report your address per the instructions given to you by DHS. In general you will need to use Form AR-11SR. DHS posts this form on its web site at http://uscis.gov/graphics/formsfee/forms/index.htm.
Note that the form gives you the proper address to which it must be mailed.

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4. I do not like the idea of reporting my address to DHS. What happens if I just refuse to do it?
 

INA Section 266(b) states

"Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 265 of this title, 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. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 265, shall be taken into custody and removed in the manner provided by chapter 4 of this title, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful."

In short, if you make a choice or decision not to report, a willful act, then DHS has the authority to charge you with a crime, fine you $200, imprison you for 30 days, and then deport you. In practice DHS has not used this violation alone to deport someone, but DHS can add this to a list of violations such as overstay or unauthorized work, when they are building a case for deportation.

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5. What if I did not know about this rule and have not reported my address, or if I forget and report late? What will DHS do?
 

The DHS has the authority to forgive such failures provided the failure to report "was reasonably excusable or was not willful." Duke does not have the authority to forgive late reporting; only DHS can do that.

You need to report properly and promptly to meet your responsibility to maintain you status. In practice DHS will generally not take an action against you just because you missed a deadline or didn’t know you needed to report, provided that you act in good faith and send the report once you know you have to report or realize you have missed the deadline.

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6. I may be moving around a lot. My box number is the most accurate address to reach me. Why does DHS want to know every time I move?
 

Members of Congress and DHS and other government agencies have indicated to schools that they want to know where aliens live, including students and scholars, so that they can find them if necessary. You must report a residential address.

The only exception is campus residence halls and similar locations where the U.S. Postal Service is not able to deliver mail. In such cases a student is permitted to use a campus box number. At Duke, for undergraduates who live on campus, Duke will make the local address report based on your campus address.

If you live in Central Campus apartments or off campus or at any location where U.S. mail can be delivered (regardless of whether mail actually is delivered there), you must notify Duke of your residence address so that Duke can make the necessary reports to DHS.

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7. I am just a student or scholar. I study, I do my research, or I teach. I am not doing anything wrong. Why would DHS or any other law enforcement agent want to find me?
 

There could be many reasons. The most common reasons, of course, have to do with events, such as terrorist or criminal acts by others, that cause the government to launch investigations. Another reason might be receipt of information that a person has worked without permission or otherwise violated status.

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8. OK, now I am beginning to feel a little uncomfortable about this. What has Duke done or is Duke doing about this address reporting and the general treatment of international students and scholars?
  Duke, along with many other colleges and universities, is doing all that it can to protect students’ and scholars’ rights in these very tense times with a very active Congress working to change the immigration laws. Duke’s Government Relations Office monitors proposed legislation and works with the Vice Provost for International Affairs, the International Office and other Duke offices to offer or change legislative language so as to encourage international education and the free exchange of ideas.
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9. But don’t I have Constitutional rights? What about my civil liberties?
  Everyone in the U.S. and under its jurisdiction has certain rights, but aliens do not have all of the same rights as citizens. For more information on the Constitutional rights of aliens see "Constitutional Rights"
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10. I still have questions about this. Who can answer my questions?
  Contact the International Office by sending a message to VISAHELP@mc.duke.edu or call the office at 681-8472.