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Effective: June 1, 2011 |
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11.20.10ar2 - American Indian Noncitizens (Archive) |
Archived: June 1, 2012 |
An American Indian born outside of the U.S. may be eligible under one of the following categories:
l Was born in Canada, is at least 50% American Indian blood and is covered by the provisions of §289 of the Immigration and Nationality Act (INA). People in this category are considered lawful permanent residents (LPRs) and may freely cross borders and live and work in the U.S. without U.S Citizenship and Immigration Services (USCIS) documentation. USCIS will provide documentation if the individual requests it.
Note: To qualify under this status, each individual, including spouses and biological or adopted children, must have at least 50% American Indian blood.
l Is a member of a federally recognized tribe as defined in §4(e) of the Indian Self-Determination and Education Assistance Act. Recognized tribes are eligible for special programs and services provided by the federal government. Such tribes are authorized by the Bureau of Indian Affairs to define the requirements for tribal membership. Some tribes afford membership to non-U.S. born individuals. However, such tribal members are not considered lawful permanent residents.
These immigrants are potentially eligible for federally funded health care (Medical Assistance with federal financial participation, or MinnesotaCare program LL or FF) regardless of date of entry or length of time in the U.S.
No provisions for this status.
American Indians born in Canada may provide the following immigration verification:
l USCIS form I-551 with a code of S13.
If they do not have immigration verification, require one of the following:
l Birth or baptismal certificate issued on a reservation.
l Tribal records.
l Letter from the Canadian Department of Indian Affairs.
l School records.
Members of a federally recognized tribe must present a membership card or other tribal document demonstrating membership in an Indian tribe. If the applicant has no document evidencing tribal membership, the agency should obtain consent to contact the Indian tribe for verification of membership.