American Indians Born in Canada 400-19-45-40-35

(Revised 6/1/10 ML #3218)

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For purposes of this section, ‘American Indian’ or ‘Native American’ is defined as a person having origins in any of the original peoples of the United States and Canada, except the Eskimos, Aleuts, and Inuits, who maintain tribal affiliation or community attachment.

 

Section 289 of the Immigration and Nationality Act (INA) provides a statutory right to enter into the United States to non-citizen Native Americans born in Canada ‘who possess at least 50% of blood of the American Indian race’. However, the right of entry into the U.S. does not convey Lawful Permanent Resident (LPR) status or any other qualified alien status to the individual. In order to have LPR status or any other qualified alien status, the individual must also have maintained residence in the US since entry. The date the individual begins their U.S. residence is the date the individual is considered a qualified alien.  

Note: If an individual abandons their US residence and returns to Canada and subsequently returns to the US and reestablishes and maintains US residency, the date of residency would begin on the date the individual reestablished and maintains their US residency.

 

A Native American born in Canada does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possesses at least 50% or more of such blood. Each individual’s immigration status should be examined to determine whether they have an immigration status that qualifies.

 

The following document serves as acceptable verification that an individual is an American Indian born in Canada who possesses at least 50% blood of the American Indian race:

A Blood Quantum Letter – The letter will contain information from the individuals Band, Tribe, Nation stating the individual’s blood quantum, which must be at least 50% aboriginal blood.    

 

The document may use the following verbiage:

 

The lawful admission for permanent residence of an American Indian born in Canada shall be recorded on Form I-181 (Memorandum of Creation of Record of Admission for Lawful Permanent Residence) or Form I-551 with the code S13 (Alien Registration Receipt Card for permanent residents, commonly referred to as a ‘green card’). Those individuals who have established and maintained resident in the US would still be considered an LPR.