travelling abroad

[mrscote]

http://www.laborlawtalk.com/showthread.php?t=55110

I do not have an attorney. I have called an immigration attorney for advice and he told me that if I were to leave the country during my cases pending without a travel document that I would have abdandoned my cases and will not be readmitted into the US. Yes my grandmother has been having heart problems and been in and out of the hospital.

I was able to get into contact with my mom and she is going to come here for a week since she has already taken it off of work. As for my grandmother and rest of the family, I will stay here have my plane tickets cancelled (credit to the airline for future flights) and hopefully be able to get up to Canada before my husband deploys again.

[wanda]

It wouldn't hurt to give your Senator OR Congressman a call. (one or the other not both).

Perhaps nothing will come of it, but you might get lucky and get your AP more quickly. Don't leave without it.

[mrscote]

Has anyone heard of the Jay's Treaty? I am Native American (Canadian) my aunt works for my band and she and her daughter are both american residents and they didnt have to file any forms with immigration and they didn't have to pay any money.

She with my mom are gonna work on this next week for me. If I were to cancel all that I have done with immigration can I get a refund?

http://www.ailanyc.org/Bordercrossing.htm

[dmartmar]

I have a 9 month old baby girl and would really like for her to meet her great grandmother if (God Forbid) anything should happen.

I've been really looking forward to seeing my family again and meet my daughter, which they haven't done yet. This is the first granddaughter on both sides, so it's a huge deal.

Didn't you think about all of this before you got married, applied for your AOS and got pregnant?

I bet you thought that if you rushed into all of this, you'd secure and guarantee a GC, thinking it'd be a fast and easy process. But now that you realize it's not, you're trying to have your cake and eat it too.

[sappyconifer]

dmartmar,

Where do you dream up these things?

[sappyconifer]

Yes. Article III of the Jay Treaty declared the right of aboriginal people, that is, those indigenous to Canada and/or the US to trade and travel between the United States and Canada, which was at that time a territory of Great Britain. This right was restated in section 289 of the 1952 Immigration and Naturalization Act.

Section 289 provides a statutory right of entry into the United States to non-citizen Native Americans born in Canada "who possess at least 50 % blood of the American Indian race. Title 8 U.S.C. 1359

Right of entry into the US is not lawful permanent resident status or any other qualified alien status under 8 U.S.C. 1641.

Section 289.2 states that any Native American born in Canada "who at the time of entry" was entitled to section 289 rights of entry "and has maintained residence in the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence.

Section 289.3 states that lawful admission for permanent residence of a Native American born in Canada is recorded on Form I-181. But, even absent Form I-181 or possession of Form I-551 USCIS would still consider a section 289 entrant who has established and maintained his/her residence in the US a lawful permanent resident. If an individual has a "green card", this is evidence of a LPR legal permanent residency whether or not the individual obtained that status by virtue of entry under section 289 and residence in the United States.

An LPR is a qualified alien. However, a section 289 entrant is only considered an LPR if he/she has established and maintained residence in the US. per Section 101(a)(33) of the INA as the person's principal dwelling place.

A section 289 entrant must show evidence that he/she was born in Canada, has at least 50% Native American blood, and has established and maintained residence in the US. Once the individual achieves LPR status, he/she is a qualified alien.

Interim Guidance indicates the following for American Indians born in Canada and covered by section 289 of the INA: "INS Form I-551 (Alien Registration Receipt card, commonly know as a "green card") with the code S13; unexpired temporary I-551 stamp in Canadian passport or an INS Form I-94 with the code S13; or a letter or other tribal document certifying at least 50 percentum American Indian blood, combined with a birth certificate or other satisfactory evidence of birth in Canada.

While such persons may meet the "right of entry" requirement (at least 50 per centum of blood of the American Indian race), they do not meet the U.S. residency requirement. In order to be considered an LPR, both requirements must be met.

More: http://www.acf.hhs.gov/programs/ofa/pa/pa2005-1.htm

Has anyone heard of the Jay's Treaty?

[Antifascist1]

I do not have an attorney.

You better have an attorney.

Good luck,

IE

[mrscote]

Didn't you think about all of this before you got married, applied for your AOS and got pregnant?

I bet you thought that if you rushed into all of this, you'd secure and guarantee a GC, thinking it'd be a fast and easy process. But now that you realize it's not, you're trying to have your cake and eat it too.

You don't have very good manners. My husband and I fell in love together and after a short period of time, got engaged and married few months later. I was almost 2 months pregnant. Filing cases with INS costs a lot of money, money that we certainly had to save up and I couldn't do anything here while he was in Iraq. It's not the that we rushed into our marriage and familhood but that he was serving his country, something that gave you the right to say what you just said to me.

Antifacist1: No I do not have a lawyer but I get free advice from an immigration law firm in nash ville.

[dmartmar]

It's not the that we rushed into our marriage and familhood but that he was serving his country, something that gave you the right to say what you just said to me.

And my father served in Vietnam, so people who are not from here can get to live here, just like you.

No, I do not have a lawyer, but I get free advice from an immigration law firm in Nashville.

So what are you doing here?

[dragonlady]

I imagine she is here waiting for her husband to come back from serving his country. (It was the uniform - they always fall for the uniform): )

dmartmar: Can you contact a military lawyer?

[mrscote]

Well I could say more but I am on here for advice and to communicate with others in similar predicaments not to argue with anyone.

I have spoken with JAG they actually notarized paperwork for us but I have not spoken with them recently. I plan to go there by the end of the week to ask about this Jays Treaty and see if they could do anything to move the process.

Another thing I am confused with is my receipt is March 20 2006 and when I check processing dates it says April 9 2006. Why did they pass mine without sending me my employment authorization or my travel document?

[dragonlady]

You should have received a letter telling you to go for fingerprints for your EAD. Contact customer service and ask them about your letter.

Jay's Treaty may not help you as you are filing under another category (ie marriage to a US citizen). Filing as an aboriginal may cloud the issue. Talk to JAG about it.

[mrscote]

I was on hold for 2 hours yesterday with USCIS Customer Service and finally got to talk to someone. I asked that because I have Indian Status and a border crossing form if I could leave and return to the US and not jeopardize my cases...just use that as my travel document and the guy said that I could as long as I have my border crossing form, long birth certificate and ID, to make sure I show customs that on my return to the States.

I went for Fingerprints back in April in Nashville. My travel Document and Employment authorization both have not been updated since the 3rd of May 2005. The Employment Authorization said between 30-90 days but travel document said between 30-60 days so I asked about that and they said that it has to be more than 30 days after that 60 days before they so an inquiry.

I am going to Canada at the end of the month since Immigration said that I could use my status as my travel document.

[Antifascist1]

Have a safe trip !

IE

[mrscote]

Thank You so much. I hope you enjoy yourself as well. Thank you for your comments. I will still be posting, this helps me learn more about immigration laws and other instances people get in. I hope that I could help someone someday with the information that I know. God Bless.