United States · Immigration54
Qualifying American Indian Immigration Provisions
Under the Jay Treaty and INA §289, American Indians born in Canada with at least 50% American Indian blood have the right to enter and live in the U.S. and can obtain a Green Card without a petition.
Currently available · Editorial record dated 10/20/2026 · Not lawyer review or an eligibility decision. Check current official instructions.
Who this is for
People born in Canada with at least 50% American Indian blood (the quantum rule does not apply to certain tribes recognized separately).
Common problems
Documentation
Tribal enrollment records and Canadian birth records must together establish the 50% threshold.