The Jay Treaty, signed in 1794 between Great Britain and the United States, provides that American Indians may travel freely across the international boundary. 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.
In order to qualify for these privileges, eligible persons must provide evidence of their American Indian background to at the port of entry. The documentation must be sufficient to show the bearer is at least 50% of the American Indian race. Generally such evidence would include either 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, substantiated by documentary evidence (tribe records and civil long form birth certificate bearing the names of both parents). Such a statement would be on the tribe’s official letterhead and should explicitly state what percentage American Indian blood you or your parents possess, based on official records. You should also provide photographic identification, such as a driver’s license or passport, and a Western Hemisphere Travel Initiative (WHTI)-compliant travel document. WHTI makes special provisions for First Nation travelers.