E-Filing and online services offered by the BCIS

The U.S. Department of Homeland Security’s Bureau of Citizenship and Immigration Services (BCIS), formerly the Immigration and Naturalization Service (INS) is working to implement its latest round of technology initiatives. The BCIS is expected to launch a limited electronic filing or "e-filing" program on May 29, 2003. Designed to help facilitate the more than seven million applications received annually by the BCIS, this newly designed technology is currently being tested on applications for employment authorization and applications for the replacement of green cards (forms I-765 and I-90).

Attorneys at GT have taken advantage of e-filing and have commented on several quirks in the system including not being able to save information- even when the system is busy and will not accept a filing. Additionally, credit cards are not currently accepted, you must input banking information which makes the process cumbersome for law firms. These are two frustrating problems we are currently facing.

This initiative serves as a follow up to last year’s successful launch of "Case Status Online" which provides the ability for anyone with a BCIS receipt number to check the status of their pending case online. The BCIS estimates that more than 30,000 inquiries are made through this e-service daily, providing a user-friendly alternative to the notoriously long waiting periods and busy signals which historically greet those seeking case status information.

However, this new technology is designed to do much more than simply provide around the clock filing and tracking capabilities. The e-filing program will also include the collection and storage of the applicant’s digital signature, photograph and fingerprints allowing the BCIS to produce immigration documents with special security features as well as to store this biometric information for use in verifying the applicant’s identity well into the foreseeable future.

The BCIS plans to expand the e-filing initiative to include the following forms over the next few years:

• Form I-129, Petition for Nonimmigrant Worker
• Form I-131, Application for Travel Document
• Form I-140, Immigrant Petition for Alien Worker
• Form I-539, Application to Extend/Change Nonimmigrant Status
• Form I-821, Application for Temporary Protected Status
• Form I-907, Request for Premium Processing

Electronic Signatures

A recently released Department of State (DOS) cable reminds consular posts that beginning October 1, 2003, all Visa Waiver Program (VWP) travelers must present a machine-readable passport in order to enter the U.S. visa-free. This change affects only visa waiver travel. Individuals who are already applying for visas at U.S. consular sections are not required to obtain machine readable passports, regardless of the category of visa being sought. Because many expatriates from VWP countries travel on passports that were issued abroad and are not machine- readable, the DOS expects consular posts to see an increase in the number of nonimmigrant visa applications from VWP nationals who do not have machine readable passports and will no longer be able to travel without a visa.

The DOS has asked all consular posts, including those in non-VWP countries, to develop an outreach strategy to the travel industry, the media, and the VWP traveling public. Consulates in the VWP countries will not have direct contact with the VWP public as they will not apply for visa stamps unless required to do so--or turned back once in the U.S. because their passports are not compliant. Most VWP countries began issuing machine readable passports in the early or mid-1990s. Some countries, notably Switzerland, Italy, and Spain, may find that significant portions of their traveling public will need either a replacement passport or a visa stamp to travel to the U.S.

This change includes all categories of passports-- tourist, diplomatic, and official. Many diplomatic and official passports currently valid for VWP travel are not machine-readable and the bearers will need a visa after October 1, 2003.

At this time 27 countries participate in VWP: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Belgium citizens must present these new passports as of May 15, 2003 and we understand that several visitors have already been turned away for lack of right documentation.

While the Patriot Act provides the DOS with the authority to waive this requirement in certain cases, the cable notes that the agency does NOT intend to use the waiver option.

GT will continue to provide updated information as it becomes available.

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