This form is used by individuals in EOIR immigration proceedings to provide written notice to the Agency within five days of any changes of address or contact information consistent with statute and regulation. EOIR and the opposing party to immigration proceedings use the information collected by this form to communicate with individuals about their immigration proceedings.
EOIR requests emergency review and approval by OMB to revise this form as soon as possible to avoid public harm. The form is essential to EOIR's mission as it is required to implement and enforce statutory and regulatory requirements for subjects of EOIR immigration proceedings to timely report changes to their address and contact information. See 8 USC 1229(a)(1)(F)(ii); 8 CFR 1003.15(d)(2). Currently, the Form EOIR-33 displays two collection fields for the subject to designate a third party to receive mail addressed from EOIR to the subject ("in care of" form fields). Such designation presents nefarious third parties with opportunities to intercept the subject's mail and and/or to acquire the subject's personally identifiable information contained within the immigration court records. Third parties may then use such information to commit fraud. Additionally, the field allows certain aliens to obscure their true address from immigration officials (which is expressly contrary to the intent of the form) and to potentially obstruct the adjudicatory process by intentionally avoiding mailed notices from the immigration court or Board of Immigration Appeals. Immigration proceedings are obstructed and compromised by such conduct and present a serious public harm. Such public harms are reasonably likely to continue if normal clearance procedures are followed. Under normal procedures, the "in care of" form fields will remain on the form for several additional months, affording greater opportunities for malicious actors to commit fraud and obstruct justice in immigration proceedings. To immediately prevent further perpetration of such crimes with serious adverse consequences, EOIR must remove those form fields and cease collecting such information more quickly than the time to complete the normal clearance process would allow. For additional information, see attached memorandum.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form EOIR-33/BIA Change of Address/Contact Information Form Board of Immigration Appeals
PRA_EOIR-33_EmergencyReview_SupportingStatement_FINAL_signed.pdf
PRA_EOIR-33_EmergencyReview_SupportingStatement_FINAL.docx
Change of Address/Contact Information Form Immigration Court