WAG 03-01-02-b: Certain American Indians Born in Canada

PM 03-01-02-b.

Certain Canadian-born Indians who establish one-half American Indian blood may freely cross borders and live and work in the U.S. without INS documentation. INS provides documentation, if the person requests it. To establish that an American Indian born in Canada is covered by section 289 of the INA, accept the following INS documents:

  • INS Form I-551 with the code S13; or
  • an unexpired temporary I-551 stamp with the code S13 in a Canadian passport or on Form I-94.

If the person has no INS documentation, accept the following items as verification that they meet this provision:

  • proof of birth in Canada; and
  • a document indicating at least 50 percent of American Indian blood in the form of a birth certificate issued by the Canadian reservation, or a letter, card, or other record issued by the tribe.