Native Americans in Canada & Border Crossing

QUESTION:  I was refused entry to the US in 1996. I did not have my Certificate of Aboriginal Status (Metis Status) card with me at the time. I would like to know if I still require a Waiver or Form I-192 to enter the United States.  I received a full pardon in 1998 and am free of any criminal records. 

REPLY:  Thank you for your message below.  As you may already know, Native Americans born in Canada are entitled to unrestricted access to pass the borders of the United States so long as the individual possesses at least 50% blood of the Native American race pursuant to section 289 of the U.S. Immigration and Nationality Act (INA).  There is case law to suggest that even Native Americans who commit deportable offenses cannot be subject to deportation from the U.S. on any grounds.  It follows that Native Americans who would otherwise be inadmissible to the U.S. due to a past offense do not require a waiver in order to travel through the U.S. border.  

I cannot advise you specifically without first learning more about your particular case.  If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation.