(Revised 01/03 ML #2833)
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American Indians born in Canada may freely enter and reside in the United States and are considered to be lawfully admitted for permanent residence if at least one-half American Indian blood. This does not include a spouse or child of such an Indian nor a noncitizen whose membership in an Indian tribe or family is created by adoption, unless such person is of at least 50 percent or more Indian blood. Such aliens are to be considered qualified aliens because they are considered lawful permanent residents.
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Verification of percentage of American Indian blood may be obtained from INS Form I-551 with the code 513, or an unexpired temporary I-551 stamp (with the code 513) in a Canadian passport or on Form I-94. If the individual does not have an INS document, satisfactory evidence of birth in Canada and a document indicating the percentage of American Indian blood must be provided. Documents, indicating the percentage of American Indian blood include a birth certificate issued by the Canadian reservation, or a letter, card, or other record issued by the tribe (each tribe provides some type of evidence). Do not accept a Certificate of Indian Status card ("Band" card) issued by the Canadian Department of Indian Affairs, information from any internet sites, or any other document not directly issued by the individual’s tribe.
