Visiting and possible DCF Kyiv Ukraine [Edited title]

[HRQX 4,145]

28 minutes ago, Jorgedig said:

I wonder what their status is?  Would they be considered US citizens?

https://ptla.org/border-crossing-rights-jay-treaty#Reference Not US Citizens; but they can opt-in at any time, while within the US, to get a green card with S13 category. Once they opt-in, LPR status is counted from the last lawful US entry before opting-in: https://www.uscis.gov/greencard/american-indian-born-in-canada

Quote

8 CFR § 289.2. Lawful admission for permanent residence.

 

Any American Indian born in Canada who at the time of entry was entitled to the exemption provided for such person by the Act of April 2, 1928, (45 Stat.401), or section 289 of the Act, and has maintained residence in the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence.

Then they can file N-400 when eligible (i.e. either the 5-year rule or the 3-year rule, if applicable).

 

Sponsoring their family

Quote

Your spouse and unmarried children under the age of 21 (known as “derivatives”) are not eligible to receive permanent residence based on your status. If they are American Indians born in Canada, with 50% Indian blood, they may become permanent residents on their own. If they are not American Indians born in Canada, you may file a Form I-130, Petition for Alien Relative, after you obtain proof that you are a permanent resident of the United States.

For I-9 purposes, they have different options: https://www.uscis.gov/i-9-central/acceptable-documents/who-issued-document

https://ptla.org/border-crossing-rights-jay-treaty#Work

Edited June 20, 2019 by HRQX

[Lemonslice 4,922]

18 hours ago, Jorgedig said:

That is so interesting!  I had heard about it before, but had forgotten.  

 

I wonder what their status is?  Would they be considered US citizens?

No, they're not. I have some info at work, I'll try to retrieve it.