Legal Question in Immigration Law in Florida

Native American US citizen?

I am a canadian native american who has been living in the states for seven years. I recently started a new job and received a mismatch letter. When I went to the social security office they told me that I needed to give them a blood quantum letter. I contaced my band and was told that I am only 45%. I am married to a US citizen so I was advised to file through spouse sponsor. I am worried that it will be denied because I have been here for seven years thinking that the Jay treaty covered me. When applying for jobs in the past I marked US citizen on the i-9 because I thought I was not required to get a green card or work permit, and because I lived in the states with my mother and father as a child, and because I am an american indian. Will my application be denied?


Asked on 8/16/08, 11:35 am

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Native American US citizen?

I will be frank with you -- the government does not know, often, what it is doing with anyone lately, so you have a very good chance to have an application granted with the right explanations to the government. Secondly, the fact that you marked that you were a U.S. citizen in error should not preclude you -- I have had many clients who thought they were citizens and obtained their citizenship anyway after proper explanation of the facts. Thirdly, if you are 45% American Indian,what has that got to do with anything. Just because your band says you are only 45%, the laws of the U.S. I believe require less quantum blood quantity to designate you American Indian. So check around before you start making conclusions that can harm you rather than help, okay! Lastly, I presume you were born in Canada not the U.S. I don't know how you entered, legally or illegally. I don't know why you would get a mismatch letter unless you are holding a false Social Security Number in your name. If you need a social security number, then we would get you one as soon as we decide the strategy of getting you legalized. Either you will be found to be a U.S. citizen under the 1924 treaty granting all Indians citizenship, or you will obtain your lawful permanent residence. Lastly, this would be a perfect case to test the laws regarding Native Amerians in this country, because blood quantum is well-known to be a discriminatory factor in denying not only Native Americans, but was used to deny Blacks, protection by our government. I would get a good immigration lawyer who would be excited at the prospect of handling your case. If you want to consult me about it, call my office at set up a telephone consultation.

Take care and the best of luck to you!

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Answered on 8/17/08, 10:41 am


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