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Failure to change address, please help

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  • Failure to change address, please help

    My girlfriend has her asylum case in California. She moved to New York before the interview, but decided to give the California address to the INS. However her intention was to move back to California soon, so we thought that there is no reason to change the California address to the NY address, since the files would be transferred back and forth. She has a California drivers licence and her case is still pending. The INS people found out that she is not in California (or at least they are asking for proof that she is living there) and asked her in for questioning. Now my question is if this is a real problem or they just want to clear things up? She is from Europe, never had any problems with the authorities. Please let me know what you think.

  • #2
    My girlfriend has her asylum case in California. She moved to New York before the interview, but decided to give the California address to the INS. However her intention was to move back to California soon, so we thought that there is no reason to change the California address to the NY address, since the files would be transferred back and forth. She has a California drivers licence and her case is still pending. The INS people found out that she is not in California (or at least they are asking for proof that she is living there) and asked her in for questioning. Now my question is if this is a real problem or they just want to clear things up? She is from Europe, never had any problems with the authorities. Please let me know what you think.

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    • #3
      how do they ask it? did they send you a letter requesting information?

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      • #4
        They called my girlfriend's attorney and told him that they need proof that she is living in California. However she was there only briefly, during the interview, and she gave them the address only because she did not want to get the case transferred. But she intends to go back there, and as i said she has a California drivers licence. Thnks

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        • #5
          Its depends on how long she plan to stay in New York, if just few months I think she can explain this to the the BCIS, because if she just go there for only like 6 months it make sense no point to transfer the file, but if she staying like 2 years...then, I think she have to really have to give better explanation.

          I'm not a lawyer, act accordingly.

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          • #6
            She spent some days every 2-3 months in California, but most of the time she was in New York. Do you think they could deport her (even if her asylum case is still in process? Note that she has not received any decision, she had her fingerprints taken 1 month ago, the second time- they apparently lost the first fingerprint results)

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            • #7
              Does she has any photo ID from CA? Or does she has utility bills/lease papers at her CA address? If yes, then she should send copies to bcis through her attorney. What I think of the situation is that may be BCIS wants to know, if she is residing in CA or other wise.nO SHE WILL NOT BE DEPORTED TILL HER ASSYLUM CASE IS DECIDED. JUST RELAX.

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              • #8
                Thankk. Yes she has a California driver licence, but she has no utility bills whatsoever. But all the correspondence from the DMV and INS came to that address and she has most of them (includeing work authorization receipts). Do you think she can clear her situation, and still get her case approved?

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                • #9
                  Sure she can clear all the problems. But I advise u that she must make sure to receieve all the BCIS mail received at address at CA.
                  U may send copy of driver license, bank letter if any received at that address, any other envelope received for her at that address. She has to prove that she has given the correct address.
                  Did she ever apply for any immigration benefits from any other address in the past?

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                  • #10
                    No she has not, but she filed taxes from NY and she is working in NY. By the way, she was called to appear personally at the BCIS (INS) asylum office in San Francisco. They told her attorney (via phone) to bring proof of California residence. So you think those receipts and driver licence will do the trick?

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                    • #11
                      Sure it will do. Take those to attorney. Give them copies not originals. Good luck.

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                      • #12
                        Thanks Anthony. Anyone else having some good advice?

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                        • #13
                          What if she tells them that she sent in a change of address form? Would that improve her case?

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                          • #14
                            she should've file her taxes in california! if she says she lives there! it can be a reason why they are wondering now "where does she live ca or ny"?
                            it is just my guess...
                            i am not the lawyer

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                            • #15
                              Most of the time she was in NY and she did not know that it is mandatory to change her address. And also she considered the NY address temporary address, till she moves back to California. If she explains this to the INS would it help?

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