Jays treaty ?

[Brittany & Jamie 8]

Does anyone know anything about immigrating Canadian citizens with native status to the US? I just discovered that jays treaty allows natives to Canada that have native legal status can immigrate freely to the United States. Any information would be useful ! Thank you !

[Ontarkie 14,227]

~~Moved to General Immigration, from Bringing Family of USC~~

[carmel34 3,633]

Here is an article that directly addresses this question--it is a confusing issue so do your homework and try to get answers from USCIS on current policy regarding documentation and process.

 

https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1145&context=ailj

[Lemonslice 4,852]

I had to look into it at work a few years back and the source that was explaining it best was here:
https://www.ptla.org/border-crossing-rights-jay-treaty#
https://ptla.org/wabanaki/facts-about-jay-treaty

 

I ended up contacting them to validate some details.

 

Note that I am not covered under the treaty, my research was only for work.  Legal dept later confirmed the information was accurate [for our needs].

[TM92 527]

2 hours ago, Brittany & Jamie said:

I just discovered that jays treaty allows natives to Canada that have native legal status can immigrate freely to the United States.

Yup; from US embassy https://ca.usembassy.gov/visas/first-nations-and-native-americans/:

Quote

Under the treaty and corresponding legislation, Native Indians born in Canada are entitled to freely enter the United States for the purpose of employment, study, retirement, investing, and/or immigration.

A Canadian passport is not required (except if you travel by air): https://help.cbp.gov/app/answers/detail/a_id/998/

As per the links provided by @Lemonslice, it is necessary to apply for a SSN if you want to work. You will also need an acceptable photo ID included in List B of I-9 Central. Applying for a green card is not required, but it is recommended if your end goal is to become a naturalized US citizen, https://www.uscis.gov/greencard/american-indian-born-in-canada:

Quote

If you live outside the United States and are seeking to enter the United States, you must tell the Customs and Border Protection officer that you are an American Indian born in Canada and provide documentation to support your claim. You must also state that you are seeking to enter to reside permanently in the United States.

 

If you live in the United States and are an American Indian who is born in Canada and who possesses at least 50% American Indian blood, you may obtain a Permanent Resident Card (green card) by requesting a creation of record.

Edited September 30, 2018 by TM92