When Canadian students are accepted into universities or colleges in the United States, they are issued Form I-20s.
While Canadian students do not need to apply for an F-1 visa, they are required to obtain the Form I-20 and bring it to cross the border.
That being said, if a Canadian student is a member of a First Nations, he or she may not even have to get the Form I-20 to cross the border and study in the United States.
The “First Nations and Native Americans” policy allows Native Indians born in Canada to have almost the same rights as green card holders/citizens in the United States.
In other words, based on the Jay Treaty, Native Americans in Canada can enter the U.S. freely to engage in employment, academics, retirement, investment, and immigration.
Under the treaty and corresponding legislation, Native Indians born in Canada are entitled to freely enter the United States for the purpose of employment, study, retirement, investing, and/or immigration.
First Nations and Native Americans
In this light, this post will take a look at the case study of a member of the First Nations and suggest how to communicate with American higher education institutions professionals who may not be familiar with the treaty.
Additionally, the post will also list the required documents to enter the U.S. as a Native American.
Contents
Case study scenario
Hello, I have been admitted to one of the American colleges. Since I completed the application as a Canadian citizen, I am asked to provide the required documents like financial statements and passport photo page to be issued immigration document (Form I-20).
As a Native American born in Canada, I know I am not considered as international and I may be eligible for scholarships for American students. What should I do?
Answers based on the policy
To take advantage of the Jay Treaty as Native Americans born in Canada, it is critical to keep the document that shows the “bearer is at least 50% of the American Indian race” with the student.
According to the U.S. Embassy & Consulates in Canada, the documents can be…
- “an identification card from the Ministry of Indian and Northern Affairs“; OR
- “a written statement from an official of the tribe from which you or your ancestors originate”
And statements would be on the tribe’s official letterhead and show that the individual possesses more than 50% of American Indian blood.
The student can submit the document to the Admissions to prove that the student is eligible for the Native Americans policy. Admitted Native American students are encouraged to share the First Nations and Native Americans webpage with the Admissions counselors so professionals can refer to the source of the information.
When they travel to the U.S. to start the college program, they must bring the following documents:
- A statement that shows the student is a native Indian born in Canada; AND
- A photographic identification like a driver’s license or passport; AND
- A Western Hemisphere Travel Initiative (WHTI)– compliant travel document
- According to the WHTI Frequently Asked Questions page, “the American Indian Card (Form I-872) is currently a WHTI- compliant document for entry by land or sea“
CBP is currently working with several Native American tribes toward the development of Enhanced Tribal Cards (ETCs), which upon designation by CBP, will be WHTI-compliant documents.
Western Hemisphere Travel Initiative (WHTI) Frequently Asked Questions
Hope this post helps Native American students and families to have a better idea of how to communicate with American universities and what to bring to cross the border.
