citizen advocate
Nov 4, 2025
INA 289 S13 GREEN CARD FOR NATIVE AMERICANS BORN IN CANADA AKA JAYTREATY ENTRIES
Here is a brief, informative pamphlet about INA 289 rights and procedures, including guidance on how to address an uninformed USCIS officer (ISO).
🌿 Your Rights Under the Immigration and Nationality Act (INA) Section 289
A Guide for American Indians Born in Canada (Code S13)
This pamphlet outlines your established legal rights, the process for documenting your status, and how to assert your rights if you encounter challenges with uninformed officials.
📜 Understanding Your Status: Rights by Law, Not by Application
Section 289 of the INA provides a unique, inherent right to qualified individuals. This is not a discretionary benefit; it is a statutory entitlement.
Key Rights & Legal Exemptions:
Automatic LPR Status: According to 8 CFR § 289.2, you "shall be regarded as having been lawfully admitted for permanent residence" once you meet the criteria and enter the U.S.
Exemption from Inadmissibility: You are generally exempt from grounds of inadmissibility and removal (deportation) proceedings.
Exemption from Alien Registration: You are not required to register as an "alien" with the U.S. government.
Right to Live and Work: You have the full right to live and work permanently in the United States.
The Difference: Status vs. Documentation
You are an LPR by law. The "green card" (Form I-551) is merely physical evidence of this status, not the status itself. You can still obtain a Social Security Card, a driver's license, and other benefits using your foundational documents.
✅ The Process: "Creation of Record"
You do not "adjust status" using Form I-485. You request a Creation of Record of Lawful Permanent Residence to receive the physical I-551 green card. This is an administrative verification process, typically using the internal Form I-181.
Required Documentation:
Proof of Canadian Birth (Birth Certificate)
Proof of at least 50% American Indian Blood (e.g., Tribal enrollment card, BIA card, letter from a recognized tribe, or Canadian Indian Status card)
Proof of Maintained Residence in the U.S. since your last entry (e.g., utility bills, leases, employment records, bank statements)
⚠️ What to Expect: Potential Hurdles & How to Handle Them
While your rights are clear in the law, some Customs and Border Protection (CBP) officers and USCIS Information Officers (ISOs) may be unfamiliar with this specific, unique provision.
If an Officer is Uninformed or Refuses Documentation:
Remain calm, polite, and confident in your rights.
Refer to the Law: Clearly state your claim under INA 289 and ask them to consult their internal guidance.
Cite the CFR: Politely provide the specific legal citation: 8 Code of Federal Regulations (CFR) Section 289.2.
Cite the Policy Manual: Ask them to refer to the USCIS Policy Manual, Volume 7, Part O, Chapter 5. This manual specifically details procedures for this status.
Emphasize "Creation of Record": Clarify you are requesting a creation of record using internal Form I-181, not a standard "adjustment of status" (I-485).
Request a Supervisor: If the officer still refuses or is dismissive, politely ask to speak with a supervisory officer who may have more experience with specialized immigration laws.
Do Not Accept an I-485: Do not allow them to force you into filing an I-485 application, as this is the incorrect process for your automatic legal right.
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citizen advocateNov 4, 2025
sources: Sources Consulted
The information provided is based on the official U.S. Code, the Code of Federal Regulations, and the internal guidance provided by U.S. Citizenship and Immigration Services (USCIS) in their Policy Manual.
Immigration and Nationality Act (INA) Section 289 (8 U.S.C. § 1359): This is the core law that establishes the right of American Indians born in Canada (with 50% or more American Indian blood) to pass U.S. borders freely and reside in the U.S.
Source: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1359&num=0&edition=prelim
Code of Federal Regulations (CFR) 8 CFR Part 289: These regulations provide the implementation details for the INA statute.
8 CFR § 289.2 (Lawful admission for permanent residence): This regulation explicitly states that qualifying individuals "shall be regarded as having been lawfully admitted for permanent residence."
8 CFR § 289.3 (Recording the entry of certain American Indians born in Canada): This regulation specifies that the lawful admission is recorded on internal Form I-181.
Source: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-289
USCIS Policy Manual, Volume 7, Part O, Chapter 5 (Other Special Laws): This manual provides internal guidance for USCIS officers on how to adjudicate these cases, confirming that status is verified, not granted, and details the use of Form I-181 and LPR code S13.
Source: https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-5
USCIS I-9 Central (Handbook for Employers, Section 7.2 Native Americans): This source confirms that documentation like an I-551 with code S13 (or other acceptable documents) establishes employment authorization and LPR status.
Source: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/72-native-americans
