Posted by admin | Posted in handmade crafts | Posted on 21-09-2010
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green card for native?
im canadian 16 and have native status is it can i get a green card because i have native status
im canadian with native status can i get a green card because of my status
Native status in Canada doesn't always result in eligibility for a green card in the U.S. Two different countries, two difference rules, but you have a chance if you can prove that you have 50% Indian blood.
There is no single definition of “Indian” under U.S. federal law. In the United States, the language in Section 289 is “American Indian born in Canada,” and not “Canadian Indian."
Under section 289 of the Act, American Indians born in Canada, with at least 50% American Indian blood, cannot be denied admission to the United States. The applicant bears the burden of proof in establishing eligibility. Usually, this is accomplished by presenting identification such as a tribal certification that is based on reliable tribal records, birth certificates, and other documents establishing the requisite percentage of Indian blood.
The Canadian Certificate of Indian Status (Form IA-1395) issued by the Canadian Department of Indian Affairs in Ottawa specifies the tribal affiliation but does not indicate percentage of Indian blood. Membership in an Indian tribe in Canada does not necessarily require Indian blood. Once the claim to 50% Indian blood has been established, the applicant can freely enter the U.S., regardless of the purpose or duration of the trip, even if technically inadmissible or previously deported.