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Table of Contents
 
National Immigration Project Home

Contributors

Introduction

Changes to US Government

Rights of Noncitizens

Basic Rules of Working with Noncitizens Living with HIV/AIDS

Learning the System: Basic Immigration Concepts

Part One: Understanding Your Client's Immigration Status

Part Two: Understanding the Impact of HIV on Immigration Status

Part Three: Gaining Legal Immigration Status and Becoming a US Citizen

•   HIV Waiver Basics
•   The Public Charge Problem
•   Obtaining an HIV Waiver: The "Extra Test"


Part Four: Understanding Your Client's Eligibility for Public Benefits

National Immigration Law Center Chart

Verifying and Reporting

Advocating for Your HIV Positive Noncitizen Client

Resources

HIV/AIDS and Immigrants:
A Manual for HIV/AIDS Service Providers

Changes to US Government

Most people will be familiar with the former Immigration and Naturalization Service (INS), the government agency that until recently had authority over all noncitizens. After September 11, 2001, the US created a new, Cabinet-level government agency, the Department of Homeland Security (DHS). DHS took over almost all of the functions of the former INS and reorganized them under three new bureaus. The new bureaus are:

  • Citizenship and Immigration Services (CIS), which provides immigration-related services and benefits such as lawful permanent residence, naturalization, and work authorization;
  • Immigration and Customs Enforcement (ICE), which investigates and enforces federal immigration laws, customs laws, and air security laws; and
  • Customs and Border Protection (CBP), which is responsible for the borders.

The Department of Justice retains control only of the immigration judges and court system, also known as the Executive Office for Immigration Review (EOIR.)

Your HIV positive noncitizen clients may have encounters with all three immigration bureaus, as well as the immigration court system. If your client has been or must go before the court, arrange a consultation with an immigration lawyer immediately.

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