AIDS and the Law, Fourth Edition
Chapter 11: Immigration Law
Linda Tam and Ignatius Bau
§ 11.01 Introduction
§ 11.02 Overview of Immigration Law
[A] Reorganization of the INS
[B] U.S. Citizenship
[C] Lawful Permanent Residence
[1] Family Reunification
[2] Marriage-Based
[3] Employment-Based
[4] Diversity Visa Lottery
[5] Legalization under the Immigration Reform and Control Act of 1986
[6] Registry
[7] Nicaraguan Adjustment and Central American Relief Act
[8] Victims of Domestic Abuse, Crimes, and Human Trafficking
[9] Political Asylum and Refugee Status
[D] Defenses to Removal
[1] Cancellation of Removal
[2] Voluntary Departure
[3] Deferred Action
[E] Nonimmigrants
[1] Visitors and Tourists
[2] Students
[3] Temporary Workers
[4] Other Nonimmigrants
§ 11.03 Inadmissibility Grounds in General
[A] Criminal Grounds of Inadmissibility
[B] Public Charge Ground of Inadmissibility
[C] Health Grounds of Inadmissibility
§ 11.04 Inadmissibility Based on HIV Infection
[A] History of Inadmissibility Based on HIV Infection
[B] Inadmissibility Procedures in HIV Cases
[C] USCIS Medical Examinations
[D] Travel Issues
[E] Waivers of HIV Ground of Inadmissibility
[1] Eligibility for Waivers
[a] Family-Based Waivers
[b] Refugees and Asylee Adjustments
[c] Legalization Waivers
[d] Nonimmigrant Waivers
[e] Special Nonimmigrant Waivers
[2] Additional HIV Waiver Requirements
[3] Preparing the HIV Waiver Application Packet
[4] USCIS Processing Procedures
[5] Overseas Procedures
[6] HIV Testing Requirements and Waiver Availability
§ 11.05 Immigrant Eligibility for Public Benefits
[A] Medicaid
[B] Other Public Health Services
[C] Disability Benefits
[D] TANF, Food Stamps, and Nutrition Programs
[E] Other Public Benefits
[F] Deeming Provisions
[G] Chart: Overview of Immigrant Eligibility for Federal Programs
§ 11.06 Immigration Consequences of Receiving Public Benefits
[A] Public Charge Determination
[B] Avoiding a Public Charge Determination
[C] Public Charge Determination Resulting in Removability
§ 11.07 Employment Issues
[A] Immigration Document Fraud
[B] Social Security Numbers and Taxes
§ 11.08 Conclusion
