Sometimes there are good outcomes and this is m=one of them. The
writer will recognize just how far behind I am because she sent
me this on September 28th. It is of particular interest to
anyone who can prove 50% or more of First Nations blood. under
the 1794 Jay Treaty which is also explained further down.
Strangely enough, I was down at the Mosquito Creek Marina this
morning because y sailboat had broken away from the dock in last
nights 80 km winds. The marina is on a reserve and one of the
people wanted to know how to get her husband to be into Canada.
I had to tell her that she has to go through normal channels
because CANADA DOES NOT recognize the Treaty because it was
signed between Great Britain and the United States. It seems
that Canada did not exist when the Treaty was signed in 1794.
This is of course an interesting comment since the last email
dealt with the homeland Security not letting Canadians into the
US.
Read on.
-----Original Message-----
From:
Sent: Wednesday, September 28, 2005 3:09 AM
To: taxman at centa.com; centapede at lists.centa.com
Subject: Jay Treaty . . . how we solved the problem!
Dear David,
I sent you this message some time ago. I think I probably sent
it to you in late 2003 or early 2004. I just wanted to let you
know how it turned out. We got married in mid 2004. We kept
putting off doing anything about the immigration problem out of
fear that if he stepped forward, he might be told to leave. It
was a long time to live in limbo. Anyway, about a month ago, he
finally started calling immigration lawyers even though we
thought we couldn't afford one. We found a great one who set us
up with an interview with a BORDER PATROL person! (Because we
live in a large metropolitan area near an international airport .
. .he said he usually works at the airport, in fact.) He
reviewed all my husband's documents, with the lawyer sitting next
to us quietly making strategic arguments concerning his rights
according to the Jay Treaty. The border patrol person ended up
giving him and I-94 AND a temporary "green card" (same document,
actually, in this case) ON THE SPOT for no charge other than $70
for fingerprints. The lawyer charged us for only one hour of her
time, bless her heart. The whole thing is solved, just like that.
He now is free to go to Canada for short visits with full
expectation of coming back, and to have a driver's license here,
and to apply for citizenship in 2 1/2 years, which he intends to
do. His temporary green card has a code on the back, S13, which
means he's Jay's Treaty. This should be very helpful when coming
back into the U.S., I think.
I just wanted you to know that the problem was solved by seeing
the right lawyer at the right time.
I always enjoy your emails.
Thanks . . .
================================
The original question follows:
My significant other is a Native American born in Canada. He is
in the U.S. with me right now. He entered the U.S. by showing
his Indian card, and got a U.S. Social Security card free and
clear by showing his blood quantum letter from his tribal band.
However, he was given no border entrance document and therefore,
as of now, cannot even get a driver's license in the state we're
in. We have finally made the final decision to get married. We
expect to live in the U.S. for now but not rule out Canada in the
long run. So here's the question: *Should we get married here
and then have me file to have his status changed to resident . .
though he has no border entrance document? OR Should we go get
married in Canada, then have me petition to bring him in as
family member? If you have an opinion I would greatly
appreciate it.
If we wanted more complete help from you on this matter, what
would it cost?
========================================================
david ingram replies:
Under the Jay Treaty of 1794, your husband to be "is" or should
already be a resident alien, that is why he was given a social
security card, etc. He should just go and push his position.
This assumes that he has 50% or more native blood.
Unfortunately, many people were given letters that have now been
shown to be incorrect and their right to live in the US has
been removed from the individual.
What happened with your fiancee, I am sure, is that he entered
the US as a visitor and did not let the people at the border know
he intended to live, work and marry there.
He therefore is just there as a visitor and if he has been there
for more than 6 months, could be illegal at this point even
though he has the right to be there if he has 50% native blood.
How long has he been in the USA.
david ingram
Margaret
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