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GOOD-BYE INS; HELLO BCIS
by Michael J. Gurfinkel, Esq.
As of March 1, 2003, the Immigration
and Naturalization Service (INS) will cease to exist. In its place,
there will be three separate (and newly-created) bureaus, which
will be under the umbrella of the new Department of Homeland Security
(DHS). These new agencies will not only take over various functions
of INS, but will also include or combine functions of various
other governmental agencies.
The new agencies replacing INS are:
1. Bureau of Citizenship and Immigration
Services (BCIS).
BCIS will be made up of over 15,000 employees. The
services provided by the BCIS would include: The adjudication
(or processing) of family and employment-based petitions; issuance
of employment authorization documents, asylum and refugee processing;
naturalization; and implementing various special status programs,
such as Temporary Protected Status.
2. Bureau of Customs and Border Protection
(BCBP).
The BCBP will have approximately 30,000 employees,
including inspectors from INS, U.S. Customs, Border Patrol, and
Agricultural Quarantine Inspections. The BCBP will focus its operations
on the movement of goods and people across the borders.
3. Bureau of Immigration and
Customs Enforcement (BICE).
BICE will have approximately 14,000 employees, including
the investigative and interior
enforcement functions of the INS, U.S. Customs Service, and the
Federal Protective Services. BICE will be handling interior enforcement
functions. (So, BICE handles the interior
of the U.S., while BCBP will handle the borders.)
Most aliens will be dealing primarily with the
BCIS, as it will handle most of the INS’ functions that
you are familiar with, such as adjudicating (and approving) family
and employment-based petitions, issuing work authorizations, and
naturalization.
Here are a few questions and answers concerning
the new BCIS:
Question: I filed my case with the INS.
Do I now have to reapply with the BCIS?
Answers: No, your pending applications and petitions will be accepted
and reviewed by BCIS.
Question: Can I still file forms that have
the INS name or seal on them?
Answer: Yes, all official INS forms are still valid,
and may be filed with the BCIS.
Question: Are my INS documents (greencard,
naturalization certificate, etc.) still valid, or do I now need
to replace them with BCIS documents?
Answer: Your INS-issued documents remain valid, and will
still be accepted as evidence of your lawful status.
Question: Where will the BCIS’ offices
be located?
Answer: After March 1, 2003, BCIS will use the very same
locations and offices that were part of INS. In other words, BCIS
is using the same buildings and offices as the INS did. All the
forms should continue to be mailed to or filed at the address
indicated in the forms and notices.
Everyone hopes that the transition from INS
to BCIS will be smooth and seamless, and without any problems.
However, if, in the future, you or your case become affected or
complicated as a result of the transition, you should seek the
advice of a reputable attorney who can guide you through the ever-changing
laws (and new governmental agencies), in connection with your
pursuit of your immigration benefits.
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