First Nations & Immigration

[misa 2]

I was looking through the consulate site and found this. Hope it can help some Canadians with aboriginal ancestry who have a USC fiance or spouse.

http://vancouver.usconsulate.gov/content/c...cument=applying

First Nations

Aboriginal Canadians who have at least 50% aboriginal blood are eligible to apply for expeditious legal permanent residence at a U.S. port of entry. To apply, you will need to provide the following:

* Your status card

* Your birth certificate

* Two photos less than 30 days old>

* A valid reason for moving to the United States

* Your new U.S. address

* A letter stating your ancestry which includes your parents' percentage of aboriginal blood, your tribal group, and birth dates of yourself and your parents. The letter can be written by your Band Administrator or by a well recognized organization. United Native Nations provides this service as long as you can provide all the necessary information.

Customs and Border Protection (CBP) at the port of entry will issue you Form I-181, which you take to the nearest Social Security Administration office, in the U.S., to apply for your Social Security Number. It is strongly recommended that you apply for your Green Card (I-551) too, because many Aboriginal Canadians, without the card, have experienced problems with their employers. However, they are not required by law to have a Green Card.

For further information, you may contact Customs and Border Protection (CBP), either at the Vancouver Airport at (604) 278-3360 or at the Peace Arch Border Crossing at (360) 332-8512.

Edited July 18, 2007 by misa

[Chica Yeyé 41]

This is excellent information misa. I am sure First Nations applicants will make use of it - I've always known Aboriginal peoples have more ease in moving across borders as they were the first inhabitants. Hope this helps some of our friends: maybe it's even better this way than any of the family based processes!!!

L.

[misa 2]

I hope it helps too!

Maybe it should be pinned since it is specific to Canada and the regulations are unlikely to change. How do we go about requesting for it to be pinned?

[Nagishkaw 510]

You can always ask Captain Ewok.

[Melyssa 0]

I was looking through the consulate site and found this. Hope it can help some Canadians with aboriginal ancestry who have a USC fiance or spouse.

http://vancouver.usconsulate.gov/content/c...cument=applying

First Nations

Aboriginal Canadians who have at least 50% aboriginal blood are eligible to apply for expeditious legal permanent residence at a U.S. port of entry. To apply, you will need to provide the following:

* Your status card

* Your birth certificate

* Two photos less than 30 days old>

* A valid reason for moving to the United States

* Your new U.S. address

* A letter stating your ancestry which includes your parents' percentage of aboriginal blood, your tribal group, and birth dates of yourself and your parents. The letter can be written by your Band Administrator or by a well recognized organization. United Native Nations provides this service as long as you can provide all the necessary information.

Customs and Border Protection (CBP) at the port of entry will issue you Form I-181, which you take to the nearest Social Security Administration office, in the U.S., to apply for your Social Security Number. It is strongly recommended that you apply for your Green Card (I-551) too, because many Aboriginal Canadians, without the card, have experienced problems with their employers. However, they are not required by law to have a Green Card.

For further information, you may contact Customs and Border Protection (CBP), either at the Vancouver Airport at (604) 278-3360 or at the Peace Arch Border Crossing at (360) 332-8512.

Thanks so much for posting this! I thought I might be giving up something in moving to the States since I am part native, but looks like it might be a benefit still!

[Melyssa 0]

On second thought, I just realized I missed where it said 50% Aboriginal blood. I am only 25%.

[misa 2]

More Information:

INA Sec. 289. [8 U.S.C. 1359]: http://www.uscis.gov/propub/DocView/slbid/1/2/132

Jay Treaty: http://www.bc.edu/bc_org/avp/law/lwsch/jou...24_2/04_TXT.htm

Pine Tree Native American Unit: http://www.ptla.org/wabanaki/jaytreaty.htm

Wikipedia Entry on Jay Treaty: http://en.wikipedia.org/wiki/Jay_Treaty

Brian L. Pierson, Attorney specialising in First Nations Law: http://www.gklaw.com/attorney.cfm?attorney_id=553

Note: Canada does not extend the same rights of PR status to U.S. born aboriginals.

[Reba 2]

are there any First Nations still that would have as much as 50% blood status? Seems kinda high and unattainable. Especially since you only need to have like 18% Cherokee er summat to get a portion of the proceeds from the casino