Everything You Need to Know About EOIR 33

If you’re changing your location when there’s a case pending in your name in the Board of Immigration Appeals, then you’ve got a job to do. You must inform the correct agency about your location change. This is done by form EOIR 33. In this article, we’ll explain who needs and need not fill out this form and how to fill it in an acceptable manner.

What is EOIR 33?

As an immigrant, you may find yourself changing addresses multiple times. This may be because of personal or professional reasons. While you’re free to change your residence as many times as you want, you must notify the US Department of Justice if you have a pending case at the Board of Immigration Appeals or BIA. This is under the 8 USC 1305 (a) rule.

Therefore, you’re required to fill out two forms, one of which is EOIR 33, Alien’s Change of Address Form/Board of Immigration Appeals. This form is provided by the Executive Office of Immigration Office, which comes under the Department of Justice. The other form is a Change of Venue form.

With these forms, you essentially ask the agency to transfer your appointment to a court nearest to you. This way, you don’t have to travel long distances to attend the hearing sessions. If you do not file these forms, the court won’t necessarily know where you live and hence will not mail your files to a proper address. Updating your address with relevant authorities is also necessary if you’re not a naturalized citizen yet. For example, if you’re a green card holder, you must submit the AR-11 form.https://www.uscis.gov/ar-11 

You’re requested to file the EOIR 33 within five days of moving to a new location. If you can file early, it’s even better. After you’ve filed EOIR 33, it’s at the sole discretion of the court to decide whether or not to transfer your case to a court nearest to you. But if the distance is too long, then the transfer may go in your favor.

Who Needs EOIR 33?

Form EOIR 33 form is used by anyone who has a pending case at the Board of Immigration Appeals and is changing his or her residence. When anyone faces deportation, the US government grants them the right to appeal against the decision. Or else they can seek some more time by filing the ICE I-246, Application for a Stay of Deportation or Removal.

 If accepted, a case will be registered before the BIA. When the case is pending, and you’re changing your residence, you’re required to inform ICE about your current location.

Attorneys often accompany the immigrant in their cases. However, the attorneys are not required to inform their change of address. Therefore, they needn’t file the EOIR 33 form.

When to Use EOIR 33?

The ICE requires you to file the EOIR 33 form within five days from changing your address. But it’s wise to do so even before you move to your new location. This way, you can have your attorney look over your case and suggest the best option to take it forward. The sooner you can file this form, the better.

The five days are counted from the day you move from your current location, as verified by rental agreements or similar documents. Public holidays do not count towards the 5-day time period unless otherwise stated.

How to Complete EOIR 33?

 The EOIR 33 is a relatively simpler form that doesn’t require you to provide excessive information. On top of that, it doesn’t ask for any additional documents for verification or processing. Thus, you shouldn’t face any problem filling out the form. But precision and accuracy are non-negotiable, just like other US immigration-related forms.

This is a 2-page document, and almost half of it covers instructions and disclaimers. Here’s a brief overview of the form:

• Instructions: The very first section of the form contains instructions on how to deal with the form. It covers who should be filling up the form, when to use this form, how you should send it, and what to expect in the sections below.
• Name (Last, First, Middle): In this section, you need to provide your full name, i.e. first, middle, and last.
• Alien Registration Number: In the adjacent box, you need to provide your Alien Registration Number of A-number. This is the 9-digit number printed on your green card.
• My Former Address and phone number were: In this section, you need to provide your previous address. The fields asked for are:

In the care of other person (if any)
Number, Street, Apartment (if any)
City, State, and ZIP code, Country (if other than the US)
Phone Number

• My Current Address and phone number are: In this section, you need to provide your current address or the address you’re moving to if you’ve moved yet. The fields asked in this section are the same as the above.
• Sign Here: In this section, you need to provide your signature and date.
• Proof of Service: You need to provide a copy of this form to the Office of the Chief Counsel for the Department of Homeland Security (DHS). You do this by filling up the Proof of Service section. You need to provide the name, date, and location of the office, which can be found here.
• Sign Here: Provide your name and signature for the Proof of Service section.

After you’ve completed the form, you should review it once for any typo errors or anything you might have missed.

At the time of writing, there is no filing fee for EOIR 33, and it is free of cost. Once you’ve completed the form, you need to mail to the BIA Clerk’s office by courier. The address is:

Board of Immigration Appeals
Clerk’s Office
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

If more than one person is filling this form, then you’re requested to submit separate copies for each person and then mail all of them together. If you can submit in-person, that’s better.

Conclusion

After the receipt of this application is acknowledged and processed, BIA and the court will deliver the subsequent mails to your new address. While the process is relatively simple, we advise you to get in touch with your attorney in case of any confusion.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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