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Can I use my American Indian Card as Proof of US Citizenship?

Los Angeles, CA |

I was born in an Indian Reservation and have worked there all my life and was never issued with a birth certificate. I however have an tribal I.D. (with a picture on it) and my Reservation is recognized by the federal government. Can I use it to sponsor my relative for a green card and for form I-864?

Attorney Answers 3

Posted

Great question.

Can you get a legal document from the tribal government indicating that they don't maintain birth records?

Talk to tribal counsel for more information

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

Only if you can get a certified, legal document from your tribal administration stating birth records are not maintained by the tribe. Your best bet is to talk to your tribal leaders about this.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

You may need to prove birth in the US. Before 1924 American Indians were not considered US citizens. The Act of June 2, 1924 recognized that all non-citizen Indians born within the territorial limits of the United States are citizens of the United States. An amendment in 1941 established that persons born in the United States to members of an Indian, Eskimo, Aleutian, or other aboriginal tribe were nationals and citizens of the United States at birth. INA section 301 continues this.
Your tribal ID may be sufficient.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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2 comments

Theodore John Murphy

Theodore John Murphy

Posted

Documents issued by a federally recognized Indian Tribe may be sufficient to prove US citizenship. For example the Social Security Act was amended on April 1, 2009 to provide that a document issued by a federally recognized Indian Tribe showing that the person is a member of or enrolled with that tribe can be used to document both identity and citizenship.

Asker

Posted

Thank you sir for your insight. We also have a Certificate of Indian Blood from my tribe that we will use to submit the documents with. Thank you.

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