421-5 AMERICAN INDIAN BORN IN CANADA
An American Indian born in Canada may freely enter and reside in the U.S. and is considered to be lawfully admitted for permanent residence if he or she is at least one-half American Indian blood. As such, he or she is a qualified alien. This provision also extends to non-citizen members of Federally recognized Indian tribes. This provision does not include the spouse or child of such an Indian, nor a non-citizen whose membership in an Indian tribe or family is created by adoption, unless that person is also at least one-half American Indian blood.
The five-year bar on qualified aliens does not apply to American Indians born in Canada or to non-citizen members of federally recognized Indian tribes. A federally recognized Indian tribe means any Indian tribe, band nation, or other organized group or community which is eligible for special programs or services provided by the U.S. to Indians because of their Indian status. This includes any Alaska Native village or Alaska Native Claims Settlement Act ( ANCSA ) corporation.
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