Thursday, December 15, 2011

I was born in Ontario, and I have a North American Indian Status card?

Am I a dual citizen according to the U.S. Can I legally work there?|||First Nations and Native Americans Born in Canada are entitled to enter the United States for the purpose of employment, study, retirement, investing, and/or immigration.





The "Jay Treaty", provides that American Indians can travel freely across the international boundary. The United States has codified this obligation in the provisions of Section 289 of the Immigration and Nationality Act (INA) .





The INA does not distinguish between "treaty" and "non-treaty" or "status" and "non-status" Indians as determined by Canadian law. The only relevant factor is whether the individual has at least 50% American Indian blood.





A Canadian-born American Indian cannot be denied "entry" to or "Permanent Resident Status" in the United States





This is a “Treaty Right” not Citizenship in the United States.





First Nations and Native Americans Born in Canada


http://www.consular.canada.usembassy.gov…





Follow the procedures to indicate you have Permanent Resident Status (a Green Card). Then you will be able to apply for your Social Security number which will allow you to work in the United States.





Get a New or Replacement Card


http://www.socialsecurity.gov/ssnumber/





.|||Having a CDIB (Certified Degree of Indian Blood) means you are an enrolled member of a federally recognized Tribe, it does not mean citizenship in the US and since you were born in Ontario, your are a canadian therefore NOT a potential dual citizen.|||I was born in Quebec. My mother was born in Ireland and my father was born in Poland. None of those facts entitles me to any kind of dual citizenship.|||Qualifying as an American Indian born in Canada





A dual citizen? No, you are a citizen of the country where you were born, but that does not mean you cannot easily cross the border. The only relevant factor is whether the individual has at least 50% American Indian blood.





In order to qualify under Section 289 of the INA, eligible persons must provide evidence of their American Indian background to the U.S. Department of Homeland Security Customs and Border Protection (DHS/CBP) officer at the intended Port of Entry.





The documentation must be sufficient to show the bearer has at least fifty percent of American Indian race. Such a person may then be admitted without a visa. You are going to need identification that helps to establish that you have at least 50% American Indian blood.





North American Indians born in Canada granted permanent resident alien status will be issued a resident I-551 (green card) by DHS. Recipients are entitled to all rights and privileges accorded legal immigrants to the United States, including if they desire, eventual naturalization as American citizens and the right to sponsor immediate family members into the United States. Resident aliens are entitled to file on behalf of a spouse and unmarried children if they are not also eligible to be admitted under Section 289 of the INA.

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