LegalMatch: Immigration Law

United States To Lift Ban on HIV+ Travelers.

A two-decade ban on HIV+ travelers may soon be lifted in the United States.

Established in 1987 during the height of the AIDS scare, the anti-AIDS ban has worked to bar all immigrants with HIV or AIDS from entering the U.S., whether as visitors or potential residents. During these years, even famous speakers, public figureheads, and leading researchers who were confirmed as HIV+ were blocked on the basis of their infectious status. But a new bill, poised to pour $50 billion into the fight against AIDS in Africa and other high-risk areas, is also prepared to break the long-maintained ban.

Many other countries that once held the same strictures regarding immigration have now dropped it, with China being the most recent sovereign state to shake the discriminatory ban. Sudan, Libya, and Russia are among the few remaining countries (along with the United States) that still bars entry to HIV+ travelers.

AIDS discrimination in the United States is otherwise illegal, as HIV+ citizens are protected by the Americans with Disabilities Act (ADA) and nationwide employment discrimination laws.

Political Asylum and Refugee Status.

Prior to 2002, we had Immigration and Naturalization Services (INS) in charge of refugees, green cards, amnesty agreements—the whole immigration shebang. Then President Bush launched the Homeland Security Act, and the INS disappeared. In its place grew the more serious-timbered Bureau of Citizenship and Immigration Services (BCIS), an agency built to handle all questions of political asylum and refugee status from 2002 onward.

The idea of political asylum is as old as Ancient Egypt, with laws of “sanctuary” in place since 511AD. Our modern concept of political asylum is not so different from its ancient predecessors. Political asylum allows people from one country to seek “asylum” or protection in another country if they fear persecution from their home country. This type of asylum is occasionally extended to suspected criminals as well, as in the case of France’s recent protection of Georgia’s former defense minister.

Those who are granted political asylum have the extra benefit of becoming eligible for a green card. Once a year has passed under asylum status, the protected individual can apply for a green card and become a permanent citizen.

Refugee status is similar to political asylum, but generally concerns a group of people who are seeking asylum. There is a limit on the number of people who will be selected for refugee status, so it is important to apply early if you are seeking this kind of protection.

 

For those who qualify for neither political asylum nor refugee status, there are two other options: temporary haven and amnesty. While temporary haven provides refuge for those who face dangerous conditions in their home country, it is still temporary. A person who is protected by temporary haven will not be able to apply for a green card. Amnesty, on the other hand, is for people who are already living illegally in the United States. Amnesty is occasionally granted to specific groups of people who live illegally in the US, providing them with the chance to gain legal citizenship.

In any case, it is usually in your best interests to speak with a qualified immigration attorney—especially if you are living in the country illegally. You can file your case at no cost by visiting our main site, www.legalmatch.com, or discuss your particular situation with others at our online Immigration Law Forum.

 

By Kate Beall

Deportation Laws Stack up Against San Jose Minister.

The arrest of Lucio Caciano Miranda, a 37 year-old minister and illegal immigrant, sparked a debate this week about unflinching deportation policies in the United States. Miranda was arrested while visiting his goddaughter’s mother, despite the fact that the Immigration and Customs Enforcement (ICE) agents who came to the door were looking for someone else. The ICE stated that “agents are required while conducting their raids to arrest anyone found to be in the country illegally”.

Deportability grounds not only cover illegal immigrants, but legal immigrants as well. Criminal offenses, possession of false documents, espionage, welfare abuses, fraudulent marriage (to obtain a visa or green card), and unlawful voting are all valid reasons for expulsion or deportation from the United States.

Luckily, there are detained alien lawyers who specialize in dealing with ICE. Such lawyers can assist you in obtaining a bond if you have been detained, which will allow you to return home until you either (a) return to trial or (b) voluntarily depart the United States by a specified date.

Unfortunately, many illegal immigrants who already live in the United States are in a precarious position. Even in the case of Miranda, who spent over eight years working to help youths in gangs, the lack of a valid visa almost always leads to deportation. This is because the United States requires that immigrants obtain a visa before entering the United States.

If you are considering immigration to the United States, you should discuss your options with an inadmissibility lawyer to make sure that you qualify for a visa. For more information about the different kinds of visas offered to immigrants, please see my previous post on green cards.

 

By Kate Beall

The Sky is Blue for Many Awaiting Green Cards.

The wait to obtain a “green card,” or permanent visa, has been an excruciatingly long one for thousands of immigrants. But starting July 1^st, that situation promises to change.

In the U.S. State Department’s July visa bulletin, it was announced that the government would be accepting new applications from India, mainland China, and other countries that had previously suffered through almost decade-long waiting periods. The Houston Chronicle reports that Reshma Soni, a 33 year-old legal student, was so happy that she almost ran of out of the office where she worked.

News, Views, and Analysis marks this long delay up to overwhelming backlogs in the I-485
department:

For years the I-485 stage was backlogged beyond belief. As of early June they were processing applications from 4 years ago. So all of us who had applied for the Green Card were resigned to a long wait. So imagine then that we get the news that this is all current.

Unfortunately, the July 2007 visa bulletin cannot help most new visa applicants. Only those who can file the I-485 while the visa bulletin is active will be able to benefit.

For those who have not yet begun the application process for a green card, there are several stages yet ahead. For those who wish to enter the U.S. as a specialized worker, it is necessary to have both a sponsor and an H-1B Temporary Work Permit. It is highly recommended that both the sponsor and the alien consult with a reliable alien immigration lawyer before beginning their application. However, once the H-1B permit is obtained, an alien is permitted to live for up to 6 years in the U.S. as a working citizen.

Employment-based immigrants fall into three merit-based categories: EB-1, EB-2, and EB-3. But even at the most permitting level (EB-3), an immigrant must be a skilled worker or professional, and often must hold a Bachelor’s degree. The EB-4 category, while also employment-based, is reserved for religious workers.

 

If you are considering application for a green card, temporary visa, or other permit, you may wish to consult our Legal Library’s articles on immigration law and working with an immigration lawyer. Explore further for answers to specific questions about immigration and visa law.

By Kate Beall

Canada and Your Minor Criminal Record.

Planning a visit to Canada in the near future? Have a skeleton or two in the closet? If any of those bones had anything to do with John law, you'd best do a little research before you go because you may be in for a big surprise at the border. Thanks to heightened security and improve data sharing between US homeland security and their Canadian counterparts, border police in Canada now have complete access to your criminal records, nor matter how old your crimes are or how minor they might be. As beauty is in eye of the beholder, so are your crimes. DUI/DWI in Canada is considered to be a serious offense, a felony, whereas in the US it's generally regarded as a misdemeanor unless there are aggravating circumstances (you killed or injured someone).

According to a recent San Francisco Chronicle article, entitled "Going to Canada? Check your past" many 'respectable' US citizens have been rudely turned around at the border lately, resulting in some ruined vacations.

You can read more about basic DUI/DWI charges see a list of 45 other DUI/DWI  articles in the LegalMatch Law Library. Next post we'll have more information about what you can do to gain entry into Canada should you be encumbered by your past.