Green Card for an American Indian Born in Canada

American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States. Although there is no specific application for this status, certain biometrics information will be required for production of the green card (permanent resident card).

For more information, see Section 289 of the Immigration and Nationality Act (INA) and 8 CFR 289 (see the “INA” link to the right).

Eligibility Criteria

You may be eligible to receive a green card (permanent residence) as an American Indian born in Canada if you:

• Have 50% or more of blood of the American Indian race
• Were born in Canada

Application Process

To obtain a green card (permanent residence), you need to make an appointment with your local USCIS office to request the creation of a record of admission for permanent residence.

If you live outside the United States and are seeking to enter the United States, you will need to tell the Customs and Border Protection officer that you are an American Indian born in Canada and that you are seeking to enter to reside permanently in the United States.

Supporting Evidence

You should submit the following evidence or documentation with your request:

• Two passport-style photos
• Identification, such as a tribal certification based on reliable tribal records
• Copy of government issued photo identification
• Copy of your birth certificate (the long form of your Canadian birth certificate)
• Other document establishing the percentage of American Indian blood, such as your parents or grandparents birth certificates (the long forms)

Family of American Indians Born in Canada

Your spouse and unmarried children under the age of 21 (known as “derivatives”) may not be included. If they are American Indians born in Canada, 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.

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”