inadmissibility in September 2009, but before that, HRIFA required
114) Further, HRIFA did not provide an exception for those migrant
updating HRIFA, extending relief to Haitians under the Cuban Adjustment
HRIFA was originally passed in 1998 and permitted Haitians who had
concurrently with or subsequent to filing their HRIFA application.
This Note considers the appropriateness of the INS's HIV waiver regulations under HRIFA and NACARA.
This Note further argues that even if the intent of Congress is not clear and the Acts are ambiguous as to waivers of the HIV exclusion, the INS's regulations for HIV-positive applicants are unreasonable in light of Congress's humanitarian purposes in enacting HRIFA and NACARA.
The key phrase in the Acts relevant to the HIV exclusion is that applicants must be "otherwise admissible," which indicates that the grounds for inadmissibility of immigrants under the INA (including the HIV exclusion) apply to HRIFA and NACARA applicants.
The issue in this Note, however, is not whether Congress intended to eliminate the HIV exclusion entirely, but which waiver of the HIV exclusion should be available to HRIFA and NACARA applicants.
454 would have amended HRIFA
to provide that determinations with
1645 also included provisions that would have allowed HRIFA
adjustments to encompass a child of an applicant based on the child's age and status on October 21, 1998.
NACARA -- makes technical would enable parity" corrections to aliens from El NACRA and HRIFA
Salvador, that waives Guatemala, certain grounds Haiti, Honduras, of the former inadmissibility Soviet Union, and Eastern Bloc countries who meet certain conditions to become LPRs Liberians -- -- would adjust status to LPR ([section] [conferees reinstates would amend INA 245(i) dropped from through April to reinstate it CJS bill] 30, 2001