Native Americans Born in Canada or Mexico

(A) Requirements. A person with at least 50% Native American blood born in Canada or Mexico, with treaty rights to cross the United States borders with Canada and Mexico, and who has maintained residence in the United States since his or her entry must be regarded as having been lawfully admitted for permanent residence. People with less than 50% Native American blood must satisfy the requirements of 106 CMR 362.220. (B) Verifications. The status of a Native American born in Canada or Mexico is verified by one of the following: (1) A "band card" issued by the band council of a Canadian Indian reserve; (2) Birth or baptism records; (3) A provincial Union of Indians card issued by the tribal nation (such as a Union of Nova Scotia Indians card); or (4) An affidavit from a tribal official or other person knowledgeable about the client's family ancestry.