Funded by a grant from the San Francisco AIDS Foundation
 

Introduction

Why Should You Care?

Imagine this scene:
A client who has tested HIV positive comes to see you. Besides worrying about testing HIV positive, she also fears what will happen to her because she is not a US citizen. You may wonder whether her immigration status will change the kind of services she can get. She may ask:

• Will I be deported?
• Will I lose my immigration status?
• Can I work or get public benefits to help me if I need them?
• Will getting benefits make it hard to get another immigration status?
• If I cannot work or get benefits, is there anything I can do to get another immigration status that will help me?

This manual is for anyone who works with HIV positive clients who may not be US citizens. This includes case managers, HIV test counselors, paralegals, social workers, health care workers, nurses, doctors, interpreters, and discharge planners in hospitals. We hope you will learn that many noncitizens with HIV/AIDS, regardless of their immigration status, may have some immigration options and may be able to work or receive some benefits.

Immigration law is complicated. Though this manual will not make you an immigration law expert, it will help you and your clients think about their choices and make informed decisions. Two federal laws are causing hardship in all immigrant communities: the Personal Responsibility and Work Opportunity Act of 1996, commonly known as the Welfare Reform law and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 which amended the fundamental Immigration and Nationality Act by making immigration standards more stringent. Nevertheless, with a little creative advocacy you can help your clients find a way to stay in the United States and get the assistance or work they need.

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