Sep/070
When home-based income generation activities is a status violation
What is Unauthorized Employment?
Working without DHS authorization is considered a violation of status for those in immigrant status that require such authorization, e.g. F1, H1. It is not necessary to work for an existing organization or business as an employee in order to be considered engaged in unauthorized employment. When one establishes a business, even on a part-time basis from home, s/he is considered to be working. This is the case even for passive involvement, e.g. internet-based businesses (data entry, web based businesses) and certain multi-level marketing operations.
Who are affected by this situation?
Non-immigrant status holders who are required to obtain DHS ( formerly INS) authorization before taking any employment. Those immigrants with such status who desire to earn extra mbecha (money).
What are the tricky areas?
- home-based businesses
- Internet based businesses
- some multi-level marketing schemes.
Aug/070
Name checks may delays immigration process
FBI name checks, used in addition to fingerprint checks to screen applicants for citizenship, have caused substantial processing delays for some applicants. Most name checks are resolved within a matter of weeks, and more than 99 percent are resolved within six months, said Marie Sebrechts, a spokeswoman for U.S. Citizenship and Immigration Services. However, she said, the less than 1 percent that remain can take years to clear.
Aug/071
Australia increases skilled migrant quota
Australia is issuing more Australian visas to skilled migrants than ever, a budget media release on Wednesday confirmed. The level of migration for 2007-08 will be set at 152,800 places. This includes an increase of 5,000 places in the Skilled Migration Stream (SMS), with a total of 102,500 places.
Aug/070
Values-before-visa rule for migrants
ALL people coming to Australia on visas that could lead to permanent residence will be forced to sign a values statement from October under a radical shift in immigration policy.
Immigration Minister Kevin Andrews also says greater emphasis will be placed on whether people are likely to be able to integrate when deciding whether to grant them visas.
Jul/070
USCIS:Temporary Suspension of Premium Processing Service for I-140
Effective July 2, 2007, USCIS is announcing the temporary suspension of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service as of July 2, 2007. This is due to pent up demand for preference visa categories for which visas will become available according to the Department of State July 2007 Visa Bulletin. The volume of Form I-140 petitions filed that request Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the Premium Process Service program guidelines.
Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation.
This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.
Jun/070
Immigration through a Family Member
Overview and Process
A lawful permanent resident (Green Card holder) is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
- The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
- The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State’s Visa Bulletin.
- If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.