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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.

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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.