I had a waiver client who got her card proving her status from the Government of Canada.
Today, she went to the border to ask if she need a new waiver, or if she could cross.
They told her she must fill out a "Quantum Form" so I did some research.
Under U.S. law (8 U.S.C. § 1359) and the Jay Treaty, Canadian-born Indigenous people with at least 50% blood quantum have the right to freely enter, live, work, and study in the United States without a visa. To claim this status with U.S. Customs and Border Protection (CBP) or Homeland Security, individuals must prove their blood percentage.
Required Documentation
U.S. authorities do not rely on a standard Canadian status card alone to grant permanent work or residency rights under the Jay Treaty.
Acceptable proof typically includes:Blood Quantum Letter:
An official statement or ancestry letter on band/tribal letterhead, or from Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), explicitly stating a blood quantum of 50% or higher based on official genealogical records.
Long-Form Birth Certificate: Showing lineage connecting to parents/grandparents with verified status.
Secure Certificate of Indian Status (SCIS) or photo ID.
WHTI-Compliant Travel Document: Such as a valid passport if arriving by air.
Basically in Canada, your blood % does not matter. In the US it has to be seen as 50% or greater.
If anyone has any experiences with this, please chime in. Also please note I have cut and pasted much of this, so I am not vouching for its accuracy, and I certainly did not mean to offend anyone if I used any terms to identify anyone.