Legal Question in Immigration Law in Virginia
border crossing rights
I am a Canadian-born indian residing in the US. I entered the US under the Jay Treaty whereby individuals with at least 50% aboriginal blood can live and work in the US. I have been in the US since 1990, worked, paid taxes, etc. Upon returning from Germany (my husband, a US citizen, is in the military) to Philadelphia I was detained by the INS and had my Canadian passport confiscated because they stated I was in the US illegally. The passport was eventually returned. I have a sealed and signed letter from the Metis Nation of Alberta stating my blood is at least 51% aboriginal. What can I do to prevent this from happening in the future? Is there a card from the INS which will eleviate this problem? Is the letter stating blood centum enough proof?
1 Answer from Attorneys
Re: border crossing rights
This would be an excellent question to address in a letter to the USCIS (U.S. Citizens and Immigration Services) district office nearest to your current residence. (FYI, the INS was eliminated as a U.S. agency when the Department of Homeland Security was established around March 2003.)
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