American Indian
Can a Native American Indian go to the US despite a criminal record?
He is a Canadian citizen, but also Native American Indian. This means that as per the Jay Treaty he can cross into the US freely and even live and work there and get a green card. However, if he has a criminal record in Canada, does this somehow allow the US to bar him from entering? I have looked online and just can't find the answer on the Consular websites and I've sent them an email and haven't heard anything back.
Under the Jay Treaty, a Native American Indian born in Canada who is 50% or more by blood can not be denied:
• entry to the United States.
• evidence of Permanent Residence Status (a Green Card).
Nor can they be deported.
A criminal record would not change that provision of the Jay Treaty.
==========
EDIT
An American Indian born in Canada, with at least 50% American Indian blood, cannot be denied admission to the U.S., and is entitled to evidence of lawful permanent resident status.
23.8 Section 289 Cases.
http://www.stthomas.edu/ipc/legal/ImmigLaw/AFM%20Feb07/23.8%20section%20289.pdf
See, Akins v. Saxbe, 380 F. Supp. 1210 (D. Me. 1974). This logic has been recognized by the Board of Immigration Appeals in Matter of Yellowquill, 16 I & N Dec. 576 (BIA 1978), holding that,
We have decided to accept the reasoning in Akins v. Saxbe, supra, as being correct and applicable to the deportation provisions of the Act. American Indians born in Canada who are within the protection of section 289 of the Act are not subject to deportation on any ground.
Western Hemisphere Travel Initiative - August 16, 2006
http://www.usvisahelp.com/pdfs/Volume%205,%20Issue%207.pdf
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