Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
Travelling, Working and Living in the
United States of America:
A Guide for Nova Scotia Mi’kmaq
Prepared by: Angelina Amar...
IMPORTANT
This presentation:
 Contains general information and educational material for Nova Scotia
Mi’kmaq who want to t...
Overview
 Purpose of the Guide
 The Jay Treaty
 Travelling to the US
 Working in the US
 Health Coverage
 Where you ...
Purpose of the Guide
 To give community members general information, in plain
language, about:
 The Jay Treaty
 Border ...
Jay Treaty, 1794
Article III
It is agreed that it shall at all times be free to his
majesty’s subjects, and to the citizen...
Canada and the Jay
Treaty
 The Canadian government has not
formally recognized the Jay Treaty.
 Canada has not codified ...
The US and the Jay
Treaty
 The US has codified the rights and
benefits set out in the Jay Treaty within §
289 of the Immi...
How do you Prove Blood
Quantum?
The US will accept the following as proof of American Indian
blood quantum:
 A letter fro...
What does NOT Prove Blood
Quantum
 A Certificate of Indian Status
card
 Band membership
 Self-identification
 Recognit...
How to Access Jay Treaty
Rights
If you plan to live or work in the US you should:
1. Present yourself at the border for en...
Rights and Benefits in the US under
the Jay Treaty
You have the right to:
 Freely cross the Canada-US border;
 Live and ...
You do not have to:
 Be processed for an alien registration
card (green card);
 Obtain a work permit; or
 Register for ...
Travelling to the US
Documents that can be used to enter the
US
 Canadian Passport
 NEXUS Card
 Permanent Resident Card...
Travelling with Minor Children
 Consent letters
 When to carry a custody order
 Death certificates
Getting Married in t...
Crossing the Border with Traditional
Items
When travelling across the Canada-US
border with traditional items you should:
...
Health Coverage in the US
 MSI, FNIHB, and NIHB will not provide health care
coverage to individuals who are located outs...
Tribal and Band
Membership
 People of Native heritage can be a registered
member of both a Canadian band and an
American ...
Where can the Guide be
accessed?
Copies of the Guide will be given to:
 Each of the 13 First Nation Communities in NS
 T...
Thank you
2016-04-05The Confederacy of Mainland Mi'kmaq 19
Questions
Contact
Mary Jane Abram
mjabram@cmmns.com
1-877-892-2...
Upcoming SlideShare
Loading in …5
×

US Guide Presentation - 20min_MARCH.2016

236 views

Published on

  • Be the first to comment

  • Be the first to like this

US Guide Presentation - 20min_MARCH.2016

  1. 1. Travelling, Working and Living in the United States of America: A Guide for Nova Scotia Mi’kmaq Prepared by: Angelina Amaral Prepared for: The Tripartite Forum Social Committee March 31, 2016 2016-04-051
  2. 2. IMPORTANT This presentation:  Contains general information and educational material for Nova Scotia Mi’kmaq who want to travel, work or live in the United States of America (US).  Provides a plain-language overview to rules, documents and practices that are inherently complex. This presentation IS NOT:  A complete technical description nor an official interpretation of the subjects it discusses. This presentation DOES NOT:  Provide legal advice; if you have specific legal questions you should contact a lawyer. Lawyer Referral Service number:  1 (800) 665-9779 (toll free); or  1 (902) 455-3135 in the Halifax area. 2016-04-05The Confederacy of Mainland Mi'kmaq 2
  3. 3. Overview  Purpose of the Guide  The Jay Treaty  Travelling to the US  Working in the US  Health Coverage  Where you can access the Guide 2016-04-05The Confederacy of Mainland Mi'kmaq 3
  4. 4. Purpose of the Guide  To give community members general information, in plain language, about:  The Jay Treaty  Border crossing rights, duties and requirements  What is needed to travel, work or live in the US  To cerate a greater awareness of our rights in the US under the Jay Treaty.  To assist those who are seeking employment in the US. 2016-04-05The Confederacy of Mainland Mi'kmaq 4
  5. 5. Jay Treaty, 1794 Article III It is agreed that it shall at all times be free to his majesty’s subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and re-pass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America. 2016-04-05The Confederacy of Mainland Mi'kmaq 5
  6. 6. Canada and the Jay Treaty  The Canadian government has not formally recognized the Jay Treaty.  Canada has not codified the Jay Treaty in Canadian legislation.  The courts of Canada cannot enforce the free passage rights found in the Jay Treaty.  When entering Canada all Canadians are treated the same and are subject to all Canadian customs and immigration laws. 2016-04-05The Confederacy of Mainland Mi'kmaq 6
  7. 7. The US and the Jay Treaty  The US has codified the rights and benefits set out in the Jay Treaty within § 289 of the Immigration and Naturalization Act (INA): § 289 Nothing in this title shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian2016-04-05The Confederacy of Mainland Mi'kmaq 7
  8. 8. How do you Prove Blood Quantum? The US will accept the following as proof of American Indian blood quantum:  A letter from your band government or Membership Clerk stating you have at least 50% blood quantum of the American Indian race.  A Letter of Ancestry from INAC.  Letter of Ancestry can be requested from the Genealogical Research Unit by calling 1 (819) 997-9118; and  Documents that set out your lineal ancestors (parents and grandparents) through whom you get the required percentage of American Indian blood. 2016-04-05The Confederacy of Mainland Mi'kmaq 8
  9. 9. What does NOT Prove Blood Quantum  A Certificate of Indian Status card  Band membership  Self-identification  Recognition within a community as a member of the band  Status gained by adoption or marriage 2016-04-05The Confederacy of Mainland Mi'kmaq 9
  10. 10. How to Access Jay Treaty Rights If you plan to live or work in the US you should: 1. Present yourself at the border for entry as a permanent resident under Article III of the Jay Treaty. 2. Identify yourself as an American Indian born in Canada. 3. Provide the US Customs officer with information on how to contact your band. 4. Provide the US Customs officer with the documents that prove that you have at least 50% American Indian blood quantum. 5. Provide the US Customs officer with a valid piece of photo ID. 2016-04-05The Confederacy of Mainland Mi'kmaq 10
  11. 11. Rights and Benefits in the US under the Jay Treaty You have the right to:  Freely cross the Canada-US border;  Live and work in the US;  Be eligible for public benefits, such as Medicaid, Supplemental Security Income (SSI), Medicare, unemployment benefits and other public assistance; and  Register for college or university in the US as a "domestic student" rather than as a "foreign student" (this may result in lower tuition costs). 2016-04-05The Confederacy of Mainland Mi'kmaq 11
  12. 12. You do not have to:  Be processed for an alien registration card (green card);  Obtain a work permit; or  Register for the military. The US Government cannot:  Deport you;  Deny you services; or  Exclude you from entry. 2016-04-05The Confederacy of Mainland Mi'kmaq 12
  13. 13. Travelling to the US Documents that can be used to enter the US  Canadian Passport  NEXUS Card  Permanent Resident Card (green card)  Birth Certificates  Certificate of Indian Status card  Secured Certificate of Indian Status card  Blood Quantum Letter NOTE: US Customs and Border Patrol officers do not have to accept a Certificate of Indian Status card as a valid document for entry into the US. 2016-04-05The Confederacy of Mainland Mi'kmaq 13
  14. 14. Travelling with Minor Children  Consent letters  When to carry a custody order  Death certificates Getting Married in the US 1. Are you legally able to get married in Nova Scotia? 2. Have you fulfilled the state marriage requirements? 2016-04-05The Confederacy of Mainland Mi'kmaq 14
  15. 15. Crossing the Border with Traditional Items When travelling across the Canada-US border with traditional items you should:  Declare any traditional items on FSW From 3-177. You should include all eagle parts, items made with leather and any medicinal plants.  Get a letter from your band or the Grand Chief of the Grand Council stating that you are in possession of a traditional item for cultural and ceremonial purposes.  Contact the Department of Natural Resources and apply for a permit to possess eagle parts and other ceremonial items. 2016-04-05The Confederacy of Mainland Mi'kmaq 15
  16. 16. Health Coverage in the US  MSI, FNIHB, and NIHB will not provide health care coverage to individuals who are located outside of Canada. If you are planning to leave Canada, for any reason, you should purchase travellers health insurance.  There are many places you can purchase travellers health insurance. The more common sellers include:  A travel agent;  A Bank (you do not need to have an account with the bank and can buy the insurance online);  VISA or MasterCard; and  The Blue Cross.  It is strongly recommended that if you are diabetic or are travelling with a family member who is diabetic that you or your family member purchase travellers insurance. 2016-04-05The Confederacy of Mainland Mi'kmaq 16
  17. 17. Tribal and Band Membership  People of Native heritage can be a registered member of both a Canadian band and an American Indian tribe.  To register as an Indian in the US, you will need to apply to the tribe. To apply for tribal membership in the US you will have to: 1. Conduct genealogical research to find out which tribe in the US you can claim heritage from. 2. Contact the tribe to see if you are eligible for enrollment in the tribe. 3. Contact the Bureau of Indian Affairs that provides services to the tribe and request a Certificates of Degree of Indian Blood. 2016-04-05The Confederacy of Mainland Mi'kmaq 17
  18. 18. Where can the Guide be accessed? Copies of the Guide will be given to:  Each of the 13 First Nation Communities in NS  The Nova Scotia Native Women’s Association  The Union Of Nova Scotia Indians  The Confederacy of Mainland Mi’kmaq  The Mi’kmaw Native Friendship Centre A web formatted version of the Guide can be found on:  The Tripartite Forum website  The Confederacy of Mainland Mi’kmaq website  The Mi’kmaw Native Friendship Centre website 2016-04-05The Confederacy of Mainland Mi'kmaq 18
  19. 19. Thank you 2016-04-05The Confederacy of Mainland Mi'kmaq 19 Questions Contact Mary Jane Abram mjabram@cmmns.com 1-877-892-2424 Prepared By Angelina Amaral aamaral@dal.ca

×