[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR213a.3]

[Page 235-236]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 213a_AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS--Table of Contents
 
Sec.  213a.3  Notice of change of address.

    (a)(1) If the address of a sponsor (including a substitute sponsor 
or joint sponsor) changes for any reason while the sponsor's support 
obligation under the affidavit of support remains in effect with respect 
to any sponsored immigrant, the sponsor shall file Form I-865, Sponsor's 
Notice of Change of Address, with U.S. Citizenship and Immigration 
Services (USCIS) no later than 30 days after the change of address 
becomes effective. As evidence that the sponsor, substitute sponsor, or 
joint sponsor has complied with this requirement, USCIS will accept a 
photocopy of the properly completed Form I-865, together with proof of 
the Form's delivery to the proper service center (such as a post-marked 
United States Postal Service Express Mail or certified mail receipt, 
showing that the sponsor mailed the Form I-865 to the proper USCIS 
service center, together with the corresponding post-marked United 
States Postal Service return receipt card or other proof of delivery 
provided by the United States Postal Service, or, if the sponsor, 
substitute sponsor, or joint sponsor sent the Form I-865 by a commercial 
delivery service, a photocopy of the shipping label and signature proof 
of delivery).
    (2) If the sponsor is an alien, filing Form I-865 does not relieve 
the sponsor of the requirement under 8 CFR 265.1 also to file a Form AR-
11, Alien's Change of Address Card.
    (b) Civil penalty--(1) Amount of penalty. (i) Except as provided in 
paragraph (b)(1)(ii) of this section, if the sponsor fails to give 
notice in accordance with paragraph (a) of this section,

[[Page 236]]

the Service may impose on the sponsor a civil penalty in an amount 
within the penalty range established in section 213A(d)(2)(A) of the 
Act.
    (ii) If the sponsor, knowing that the sponsored immigrant has 
received any means-tested public benefit, fails to give notice in 
accordance with paragraph (a) of this section, the Service may impose on 
the sponsor a civil penalty in an amount within the penalty range 
established in section 213A(d)(2)(B) of the Act.
    (2) Procedure for imposing penalty. The procedure for imposing a 
civil penalty under this paragraph follows that which is established at 
8 CFR part 280.
    (c) Change of address. If the sponsor is an alien, filing Form I-865 
under this section does not satisfy or substitute for the change of 
address notice required under Sec.  265.1 of this chapter.

[62 FR 54352, Oct. 20, 1997, as amended at 71 FR 35755, June 21, 2006]