S Folinsky

Section 289 of the US Immigration & Nationality Act governs "American Indians born in Canada." This section executes the 1794 Jay treaty between the US and Britain. This right of free passage was discussed in the case of Yellowquill, 16 I&N Dec. 576 (BIA 1978).

In a related issue, it used to be that the documentary exemptions the US gives Canadians were also given to those with "common nationality" with Canada. So, Commonwealth Citizens who were landed in Canada did not need non-immigrant visas to enter the US. I remember some litigation, ultimately unsuccessful, to extend this dispensation to nationals of the EU.

This dispensation for Commonwealth Citizens was eliminated in 2003.

Steve_

I know two First Nations from back east who've gotten it, they get it automatically is my understanding. As soon as they hear my accent they go: "Oh, I'm British too, got a passport and everything!" Technically they would be stateless without it, if not for Canada granting them citizenship (which I don't think they're obliged to do but they do anyway). Being an LPR of the US doesn't mean you're a citizen of anywhere. One of them told me he'd gone and worked in the UK for awhile.

Steve_

Yes it is the Jay Treaty, I remember one of them telling me that. It says in that case law they're exempt from the alien registration requirements, but still USCIS gives them LPR cards. Must be for convenience I suppose. 8 CFR 289.2 says they automatically get LPR status if they reside in the US, so I assume from that they qualify for naturalization.

Yes because the US realized it applied to nationals of Pakistan for example. Hence there is no longer a TN-1 visa because only Canadians can get TN-1 now and we're exempt from getting visas.