Immigrants Living with HIV: Pathways to Employment and Health Care

Similar documents
The Law Office of Linda M. Hoffman, P.C. Visa and Immigration Options

AICUM Spring Symposium at The College Of The Holy Cross March 23, 2017 Iandoli Desai & Cronin, PC 38 Third Avenue, Suite 100 Boston, Massachusetts

June 2016 Summary of Changes

Form 13-S: Supplement to HR Form 13 To Pay For Personal Services of International Lecturers, Consultants, and Independent Contractors

IMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE

TRENDS IN IMMIGRATION LAW IN HIGHER EDUCATION

If 2nd Level review Required: List of additional documentation that may be required

Immigration Law and Employment Issues: The Basics and More

Fundamentals of Immigration Law. Klasko Immigration Law Partners, LLP 2017 Annual Spring Seminar

Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto

PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION

U.S. IMMIGRATION POLICY: YESTERDAY AND TODAY. WEEK 2 How Immigration Works Today. Nogales Border Fence At Night Hugh Cabot

Immigrant Eligibility for Public Health Insurance in NYS Empire Justice Center

IMMIGRATION 101 FOR HOUSING ADVOCATES

CHAPTER 18 - ALIENS, REFUGEES AND CITIZENSHIP

MEDICAL SERVICES POLICY MANUAL, SECTION D

IMMIGRATION 101 BASIC OVERVIEW

IMMIGRATION LAW OVERVIEW DETAILED OUTLINE

The 2011 Hospitality Law Conference. Hospitality Immigration Compliance: Making Sure You Aren't Stuck Between a Rock and a Hard Place

CHAPTER 2: ELIGIBILITY FOR QUALIFIED HEALTH PLANS

CONGRESS OF THE UNITED STATES CONGRESSIONAL BUDGET OFFICE

Immigrant Access to Coverage under the ACA and Medicaid

SAFETY-NET INCOME & FOOD BENEFITS FOR IMMIGRANT- HEADED HOUSEHOLDS. Basic Benefits Training, March 2017 Patricia Baker, Mass Law Reform Institute

Basics of Immigration Law. Jojo Annobil The Legal Aid Society Immigration Law Unit

Basics of Immigration Law

How to Become a U.S. Citizen. 5 th Edition

Aaron M. Blumberg Associate

Immigration Issues in Child Welfare Proceedings

Key Concepts for International Relocation and Immigration. Matthew T. Phillips, Esq. Cohen & Grigsby, PC

Lawfully Present Individuals Eligible under the Affordable Care Act

HIRING and PAYING FOREIGN NATIONALS

IMMIGRATION BASICS FOR BENEFITS PURPOSES

CITIZEN NOT BORN IN U.S./NONCITIZEN NATIONAL

Mike E. Stroster Kevin D. Battle

Status Eligibility Definition SAVE Code Documentation Card Documentation

Department of Health and Human Services Centers for Medicare and Medicaid Services Questions and Answers on the Five-Year Bar,

Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP

DACA, Undocumented Students, and Financial Aid: What You Need to Know to Help Support Students

CATEGORIES OF LAWFUL PRESENCE ACCEPTABLE DOCUMENTATION

DACA-ally Conversations

HR & Recruiter Immigration Training

Visas after Graduation

Understanding the Affordable Care Act: Non-citizens eligibility for MassHealth & other subsidized health benefits. March 2018

Immigration Law Basics

Q&A: Protecting The Nation From Foreign Terrorist Entry To The United States

This session will cover:

Immigration Reform. Proposed: Border Security, Economic Opportunity, and Immigration Modernization Act of 2013

University of Louisiana System Policy and Procedures Memorandum

An Introduction to Federal Immigration Law for North Carolina Government Officials

You can qualify if you just arrived if you intend to live here or came for a job or to look for work. However, if you came to Massachusetts "solely fo


PRESIDENT OBAMA S EXECUTIVE ACTION ON IMMIGRATION

Glossary, Forms, And Abbreviations Abbreviation or Form

RUTGERS POLICY. 3. Who Should Read This Policy All deans, directors, and hiring managers and employees who are foreign nationals

Immigration Tsunami: Understanding the Tidal Wave of Compliance When Hiring Foreign Nationals

6 DACA (Deferred Action for Childhood Arrivals)

Lawfully Present Individuals Eligible under the Affordable Care Act

Access to Health Coverage for Immigrants Living with HIV Quick Reference Guide

HOT TOPICS IN IMMIGRATION

ADDENDUM A. Eligibility Status. Information. Adjustment Applicants (to Permanent Resident) Eligible I-797 Receipt Notice

IMMIGRANT DEFENDANT QUESTIONNAIRE (Re: Padilla Counsel Consultation)

How to Become a U.S. Citizen. 5th Edition

Understanding the Visa Process

TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER EL PASO

Understanding the Affordable Care Act in Massachusetts: Eligibility of non-citizens for MassHealth & other subsidized health benefits October 2015

HEALTHCARE FOR IMMIGRANT COMMUNITIES AND THE NEW ADMINISTRATION MARCH 8, 2017

EXECUTIVE ACTION AND IMMIGRATION REFORM

International Scholars at VSU on J and H Visa J Status H Status

Non-Citizen Foster Children

Stephen Yale-Loehr & David Wilks Miller Mayer LLP Rochester Institute of Technology February 17, Visas after Graduation

Cultural Perspectives Panel

Medical Assistance Programs for Immigrants and Immigrant Crime Victims: State by State i

SEATTLE UNIVERSITY IMMIGRATION HANDBOOK FOR DEPARTMENTS SPONSORING AND EMPLOYING FACULTY AND STAFF

Contents 9/30/2018. Anita Rajkumar, MD, Deputy Medical Examiner. My background

Exchange Visitor Services

Medical Assistance Programs for Immigrants in Various States

IMMIGRATION UNDER THE TRUMP ADMINISTRATION: IMPACT ON HEALTHCARE EMPLOYERS. Roger Tsai Holland & Hart

Guide to Hiring Foreign Employees

TABLE OF CONTENTS. NATURALIZATION The Naturalization Process Rights and Responsibilities of New Citizens...

BUSINESS IMMIGRATION LAW A PRIMER FOR THOSE WHO HIRE, MANAGE

Visa Information. Reciprocity student Guide, visa information

Immigration Options. H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP

Institute for Advanced Study Scholar Questionnaire

Immigrant Pathways to Legal Permanent Residence: Now and Under a Merit-Based System Technical Appendix

F-1 Visa Regulations n

Overview of Immigrant Eligibility Policies for Health Insurance Affordability Programs

FRAGOMEN, DEL REY, BERNSEN & LOEWY, LLP ELLEN G. YOST, PARTNER

Immigrants Access. Who Remains Eligible for What? JILL D. MOORE

DACA. Deferred Action for Childhood Arrivals

Q&A: Protecting the Nation From Foreign Terrorist Entry To The United States

Executive Action on Immigration

ME DOCI O COLLEGE CALIFORNIA COMMUNITY COLLEGE RESIDENCY DETERMINATION GUIDE FOR TUITION PURPOSES. Short Guide for on-citizen Applicants

Business Immigration

Acceptable Documents Table

C urrent federal benefits eligibility for immigrants is largely shaped by the 1996

Immigration status options

617 POLICY Immigration Status and Secondary Confirmation Documentation

U.S. IMMIGRATION LAW BASICS

Immigration Issues in New Mexico. Rebecca Kitson, Esq

HOSPITALITY IMMIGRATION REPORTS AUGUST 2007

Transcription:

Immigrants Living with HIV: Pathways to Employment and Health Care Presented by: Rob Cisneros, Esq. Empire Justice Center Date: July 11, 2018 2018 Empire Justice Center

Who are immigrants? An non-citizen is any person who is not a US citizen or US national. An immigrant is an non-citizen who is in the US or intends to come to the US. 2

Who are immigrants? A green card holder, or legal permanent resident, is an immigrant. He intends to reside in the US permanently and may lawfully do so. A non-immigrant does not intend to live in the US, rather he has a foreign residence he will not abandon, but comes to the US for a specific purpose. For example, a visitor comes to the US for tourism, or a student comes to the US to study. Non-immigrants are allowed to remain in the US for a certain period to accomplish their purpose. For example, a visitor is usually allowed to be in the US for 6 months. 3

Who are immigrants? The undocumented, or illegal, immigrant is: a non-citizen who comes to the US unlawfully, most commonly, by furtively crossing the US-Mexico or US- Canada border, or a non-citizen who comes to the US legally but, most commonly, stays in the US beyond her permitted time. For example, the tourist who is allowed to be in the US for 6 months but stays beyond the 6 months. 4

Who are immigrants? Other immigrants: Refugees or asylees, Non-citizens in Temporary Protected Status (TPS), Non-citizens in Deferred Action status, Non-citizens in Removal Proceedings, Non-citizens Permanently Residing Under Color of Law (PRUCOL). 5

Which immigrants can work in the US? Can the green card holder work in the US? What about the tourist? Can a foreign student work in the US? Can the undocumented person? What if he is in Removal Proceedings? Can the refugee work? Under the Immigration Reform Act of 1986 it is the employer who bears responsibility of insuring that each of her employees is legal to work in the US. The employer must require the employee to present documents showing that he is legal to work in the US. For example, a US passport, legal permanent resident card (green card), or, employment authorization card. The employer must verify the documents, copy them, and keep them on file. 6

Green card holders can work in the US. Legal permanent residents can work in the US without time or categorical restriction. A green card holder can work as a car mechanic for 10 years, or 20 years, or all her life. Or, she can work as an investment banker for 10 years, or 20 years, or all her life, or as a lifeguard, or as a attorney, or as a professor, or figure skater, or any combination of these. 7

Non-immigrants can work in the US. The ability of a non-immigrant to work in the US can be bounded by employer, type of work, and time. For example, an F-1 non-immigrant student can work for up to 12 months in her field of study during her studies or after graduation. An H-1B specialty occupation non-immigrant can work for his sponsoring employer for up to 6 years. 8

Non-immigrants can work in the US. A TN non-immigrant professional, say an accountant, from Canada or Mexico, can work in the US for her sponsoring employer for up to 3 years. A U visa non-immigrant crime victim can work in the US for 4 years, in any field and for any employer. Some non-immigrants cannot work in the US. A tourist cannot work in the US. Working contradicts the purpose, and therefore the terms and conditions, of her presence in the US. 9

Other immigrants can work. A Honduran national in TPS status can work for any employer in any field for the duration of TPS the current period expires January 5, 2020. An non-citizen in Deferred Action for Childhood Arrivals status Obama s 2012 Dreamers can work for any employer in any field for 2 years. An non-citizen with refugee or asylee status can work in the US for any employer in any field for as long as she holds that status. 10

Eligibility for an immigrant status with right to work. How do I become a green card holder? How do I get a F-1 student visa? How can I qualify for asylum? Is everyone eligible for TPS? Can I get Deferred Action? What if I am HIV+? Does that make a difference for any of these programs? There are only certain paths to legal permanent resident status. For example, via a US citizen family member, through an employer, by winning the lottery of visas, by having continually resided in the US since before January 1, 1972, or by being a Cuban who has been physically present in the US for one year after a legal entry. 11

Eligibility for an immigrant status with right to work. The non-immigrant categories each have their own set of distinct requirements. For example a U visa crime victim must 1) be the victim of a qualifying crime, 2) have suffered substantial physical or mental abuse consequent to the crime, and 3) have assisted in the investigation or prosecution of the crime. An H-1B non-immigrant must have a bachelor s degree or equivalent in a specialty occupation, and must have a sponsoring employer who will pay her the prevailing wage for her occupation. 12

Eligibility for an immigrant status with right to work. The other categories also have particular requirements. For example, an applicant for TPS must show that she is a national of the designated country and has been in the US continuously since the date her country was designated for TPS. An non-citizen in removal proceedings with an application for cancellation of removal pending can apply for a work authorization card. 13

Inadmissibility HIV+ is negative For many, but not all, immigrant status that include the right to work the applicant must show that he is admissible to the US. And if he is not admissible, but is inadmissible, that he qualifies for a waiver of inadmissibility. Persons who have a communicable disease of public health significance are inadmissible to the US. 14

Inadmissibility HIV+ is negative From 1993 to January 4, 2010, HIV was defined as a communicable disease of public health significance. And persons who were HIV+ were inadmissible to the US. HIV is no longer defined as a communicable disease of public health significance. And HIV status is no longer relevant for the those immigrant status which require the applicant to be admissible, for example, legal permanent resident status, all non-immigrant visa categories, and TPS. HIV+ applicants for such do not need to demonstrate anything additional if they are eligible for the immigrant status they seek. Thus, the HIV+ Canadian lawyer seeking TN status is in the same position as the HIV Canadian lawyer seeking TN status. 15

Inadmissibility HIV+ as positive Are there benefits in immigration law based on being HIV+? Can I get a work card just because I am HIV+? Is it, say, easier to win asylum if I am HIV+? Can I get deferred action based on being HIV+? There are no immigration benefits explicitly tied to HIV+ status. There are no reported cases granting asylum on the basis of HIV+ status. When HIV was defined as a communicable disease of public health significance AIDS patients sometimes requested Deferred Action. 16