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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114019
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Does Indian Status still apply? my daughter born in canada

Customer Question

Does Indian Status still apply? my daughter born in canada is native indian on her mothers side. I have raised her in the USA (we are divorced for many years) since she was a little girl. Her social card says not eligible to work, how do I file for USA citizen ship or dual status. She is 21 years old this month. What do I need to do so she can work. And or can she work in the USA?
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes she would be able to cross the borders without any passport and she would be eligible to work in the US pursuant to the Jay Treaty. Her SS should not be stamped that she cannot work if you proved that heritage to SS when applying. However, now you need to contact the Ministry of Indian and Northern Affairs in Canada for proof of her Indian heritage being at least 50%. You also need to have her file a Form N-600 application for certification of citizenship, where she will prove your US citizen status and also prove her Native American heritage.