324-3        NATIVE AMERICANS BORN OUTSIDE THE UNITED STATES

Noncitizen members of federally recognized Indian tribes and certain American Indians born in Canada are exempt from all noncitizen provisions.

An American Indian born in Canada or a member of a federally recognized tribe may freely enter and reside in the U.S.United States and are considered to be lawful permanent residence and as such are qualified aliens. To be eligible, the individual must have been born outside the U.S.United States  and meet one of the following criteria in addition to all other eligibility criteria:  

1.   An American Indian born in Canada who is at least 50% American Indian blood to whom the provision of section 289 of the Immigration and Nationality Act (8 USCUnited States Code. 1359) apply.  This does not include a spouse or child of such an Indian nor a non-citizen whose membership in an Indian tribe or family is created by adoption, unless such a person is at least 50 % Indian blood; or

2.   A member of a federally recognized tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.  Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act.