Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

Ignatius Bau and Linda Tam

§ 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 Immigration 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] 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