The End of the INS, the Birth of the BCIS

March 1^st marked an important event in history; the Immigration and Naturalization Service ceased to exist and its functions were officially transferred to the Department of Homeland Security (DHS). We have been told that the transition is expected to bring about no immediate changes to the non-immigrant, immigrant, and citizenship application process. The government announced that all visa regulations and immigration services will remain intact. The Services’ function of what constituted the INS was transferred to the Bureau of Citizenship and Immigration Services (BCIS). The INS website is no longer active, and immigration services information is now located on the BCIS website at www.bcis.gov or www.immigration.gov. The information found on the new website is presented in very much the same way as the information was presented on the INS website. However we have noted an enormous amount of broken links on the website and can only hope that these issues will be addressed shortly.

The Acting Director of the BCIS, Eduardo Aguirre, comes to the BCIS from the position of First Vice President and Chief Operating Officer of the Export-Import Bank of the United States. In the new post as Acting Director, Mr. Aguirre will report directly to Deputy Secretary of the DHS. It is reported that authorization has been given to Mr. Aguirre to institute a pilot program focused on eliminating the application backlog.

A new position included in the BCIS is the BCIS Ombudsman, who will report directly to the Deputy Secretary and will be responsible for assisting individuals and employers that are experiencing problems with the BCIS. This position has not yet been filled.

The enforcement side of the former INS was transferred on March 1^st to the Bureau of Border and Transportation Security, which is split into two bureaus: the Bureau of Customs and Border Protection (BCBP) and the Bureau of Immigration and Customs Enforcement (BICE). Asa Hutchinson was sworn in as the Under Secretary for Border and Transportation Security on January 29^th, he heads these two bureaus and is responsible for enforcement along the borders as well as aviation security. The BCBP is headed by the Commissioner of Customs, Robert C. Bonne, and will incorporate the border protection and inspection functions of the former INS. The BICE is headed by the Assistant Secretary (designee), Michael Garcia, and will include the investigative and enforcement arm of the former INS.

Local directors have also been named.

In an action to work with the new BCIS the U.S. Department of State initiated a new effort to better communicate changes to U.S. visa procedures. The initiative, titled "Secure Borders. Open Doors" will initially utilize a new web site and a customizable brochure. Additional materials, to be developed in consultation with U.S. embassies and consulates around the world, will be produced and distributed as needed.

Assistant Secretary of State for Consular Affairs Maura Harty asserts, "we want to ensure that the visa application process is straightforward for people who want to come to the U.S. to study, visit and conduct business and that it prevents the entry of those who would do us harm."

Heightened concerns about security in the wake of the September 2001 terrorist attacks and a subsequent U.S. government reorganization to address homeland security have led to changes in the visa policies.

In general, most visitors to the United States have to obtain a visa. While much of the process remains the same, applicants should allow extra time for the visa clearance process when planning travel to the United States.

"Secure Borders. Open Doors" is designed to streamline the visa process for applicants at U.S. embassies and consulates around the world. The initiative's materials, which will be translated into local languages, include step-by-step instructions on applying for a visa with special emphasis on the three main categories of visitors: business, education and tourism. The materials also include a new web portal containing background, step-by-step instructions on applying for visas, and links to Department of State web pages with updates on policy and procedural changes.

The "Secure Borders. Open Doors." web site is located at www.UnitedStatesVisas.gov.

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