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QUESTION:
My ancestors immigrated to Kansas in 1905 from Europe and obtained Landed Immigrant Status in the USA. In 1912 they Immigrated to Canada.
Would that help me obtain Permanent Residency and/or a Green Card in the USA under the North American Treaty Agreement of the 1700s
Your reply would be greatly appreciated.
Regards,
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david ingram replies:
As described, in my opinion, you have no US rights if none of those
ancestors took out US citizenship at the time.
If your Grandfather had done so was a US citizen when he came to Canada
and his Canadian born child, your mother or father had happened to
spend five years going to University in the USA, you could even be a
derivative US citizen. However, if your ancestors were only landed
immigrants to the USA and left without taking out US citizenship, you
are out of luck.
I think you are likely talking or referring to the Jay treaty of 1794.
This treaty only applies to people of North American Aboriginal
heritage and they must have 50% of more Native blood to invoke it. A
'blood' letter from the native band is required to invoke the treaty.
This letter is concerning an article we
read on the web. My husband is a Canadian-Born Native American ( of
50% aboriginal blood) and has applied for and received a Social
Security Number. He went to get his Oklahoma Driver's License and they
are saying that he has to have a 'green card' in order to get one. Is
this true?
We have been married 1 year this June.
We also have a 6 month old daughter born here in the United States. I
am an American citizen, born and raised in the United States.
Any information you can give us would be
greatly appreciated.
Sincerely,
==============================
david ingram replies:
The Jay Treaty is unusual in that the
United states still recognizes and incorporated it into section 289 of
the INS rules. Canada does not recognize it nearly as freely and tries
to make a US Native Indian prove their own cultural ties to the area
in Canada that they wish to visit and even then will not allow them to
work or live permanently in Canada under the terms of the Jay Treaty.
To qualify under the treaty, your husband has to prove 50% or more
aboriginal blood.
This does NOT mean that he can just walk
across the border into the USA at any point. He MUST still check in
at the border and tell them he is intending to live in the US under
Article III of the Jay Treaty which I am including here.
When and if he can prove his blood
percentage point at the border, they will give him paperwork which is
equivalent to a green card under the circumstances. He should then
apply for and get an actual resident alien (green) card.
I do not know anything about Oklahoma
rules. I have had all sorts of people get driver's licence in every
state of the union without a green card. However, they "have" had a
working visa of some sort.
Your husband's problem (I think) is that
he has no paperwork authorizing him to be in the USA. The SSN does not
entitle him to anything in particular and he may not actually have a
SSN, it may be an ITIN.
I am not a lawyer nor a member of the
AILA (American Immigration Lawyers Association). If you need any legal
help with this, I suggest that you contact Bruce Campbell in North
Vancouver at (604) 980-5201 or Greg Boos in Bellingham ((360) 671-5945
) in the state of Washington. Indeed, in 42 years, I have only run
across one other lawyer (now a judge) who truly understood the Treaty
but I am in the west and I think it is dealt with more routinely in
Ontario and Quebec.
Good luck.
Article III and its Explanation follow
here:
ARTICLE III.
It is agreed that it shall at all times be free to
His Majesty's subjects, and to the citizens of the United States, and
also to the Indians dwelling on either side of the said boundary line,
freely to pass and repass by land or inland navigation, into the
respective territories and countries of the two parties, on the
continent of America, (the country within the limits of the Hudson's
Bay Company only excepted.) and to navigate all the lakes, rivers and
waters thereof, and freely to carry on trade and commerce with each
other. But it is understood that this article does not extend to the
admission of vessels of the United States into the seaports, harbours,
bays or creeks of His Majesty's said territories; nor into
such parts of the rivers in His Majesty's said territories as are
between the mouth thereof, and the highest port of entry from the sea,
except in small vessels trading bona fide between Montreal and Quebec,
under such regulations as shall be established to prevent the
possibility of any frauds in this respect. Nor to the admission of
British vessels from the sea into the rivers of the United States,
beyond the highest ports of entry for foreign vessels from the sea. The
river Mississippi shall, however, according to the treaty of peace, be
entirely open to both parties; and it is further agreed, that all the
ports and places on its eastern side, to whichsoever of the parties
belonging, may freely be resorted to and used by both parties, in as
ample a manner as any of the Atlantic ports or places of the United
States, or any of the ports or places of His Majesty in Great
Britain
All goods and merchandize whose importation into His
Majesty's said territories in America shall not be entirely prohibited,
may freely, for the purposes of commerce, be carried into the same in
the manner aforesaid, by the citizens of the United States, and such
goods and merchandize shall be subject to no higher or other duties
than would be payable by His Majesty's subjects on the
importation of the same from Europe into the said territories. And in
like manner all goods and merchandize whose importation into the United
States shall not be wholly prohibited, may freely, for the purposes of
commerce, be carried into the same, in the manner aforesaid, by His Majesty's
subjects, and such goods and merchandize shall be subject to no higher
or other duties than would be payable by the citizens of the United
States on the importation of the same in American vessels into the
Atlantic ports of the said States. And all goods not prohibited to be
exported from the said territories respectively, may in like manner be
carried out of the same by the two parties respectively, paying duty as
aforesaid.
No duty of entry shall ever be levied by either party
on peltries brought by land or inland navigation into the said
territories respectively, nor shall the Indians passing or repassing
with their own proper goods and effects of whatever nature, pay for the
same any impost or duty whatever. But goods in bales, or other large
packages, unusual among Indians, shall not be considered as goods
belonging bona fide to Indians.
No higher or other tolls or rates of ferriage than
what are or shall be payable by natives, shall be demanded on either
side; and no duties shall be payable on any goods which shall merely be
carried over any of the portages or carrying places on either side, for
the purpose of being immediately reembarked and carried to some other
place or places. But as by this stipulation it is only meant to secure
to each party a free passage across the portages on both sides, it is
agreed that this exemption from duty shall extend only to such goods as
are carried in the usual and direct road across the portage, and are
not attempted to be in any manner sold or exchanged during their
passage across the same, and proper regulations may be established to
prevent the possibility of any frauds in this respect.
As this article is intended to render in a great
degree the local advantages of each party common to both, and thereby
to promote a disposition favorable to friendship and good neighborhood,
it is agreed that the respective Governments will mutually promote this
amicable intercourse, by causing speedy and impartial justice to be
done, and necessary protection to be extended to all who may be
concerned therein.
1796.
Concluded May 4, 1796; Ratification
advised by Senate May 9, 1796.
Whereas by the third article of the
treaty of amity, commerce and navigation, concluded at London on the
nineteenth day of November, one thousand seven hundred and ninety-four,
between His Britannic Majesty and the United States of America, it was
agreed that is should at all times be free to His Majesty's subjects
and to the citizens of the United States, and also to the Indians
dwelling on either side of the boundary line, assigned by the treaty of
peace to the United States, freely to pass and repass, by land or
inland navigation, into the respective territories and countries of the
two contracting parties, on the continent of America, (the country
within the limits of the Hudson's Bay Company only excepted,) and to
navigate all the lakes, rivers, and waters thereof, and freely to carry
on trade and commerce with each other, subject to the provisions and
limitations contained in the said article: And whereas by the eighth
article of the treaty of peace and friendship concluded at Greenville on the third day of
August, one thousand seven hundred and ninety-five, between the United
States and the nations or tribes of Indians called the Wyandots,
Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel
River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was stipulated
that no person should be permitted to reside at any of the towns or the
hunting camps of the said Indian tribes, as a trader, who is not
furnished with a licence for that purpose under the authority of the
United States: Which latter stipulation has excited doubts, whether in
its operation it may not interfere with the due execution of the third
article of the treaty of amity, commerce and navigation: And it being
the sincere desire of His Britannic Majesty and of the United States
that this point should be so explained as to remove all doubts and
promote mutual satisfaction and friendship: And for this purpose His
Britannic Majesty having named for his Commissioner, Phineas Bond,
Esquire, His Majesty's Consul General for the Middle and Southern
States of America, (and now His Majesty's Chargé d'Affaires to the
United States,) and the President of the United States having named for
their Commissioner, Timothy Pickering, Esquire, Secretary of State of
the United States, to whom, agreeably to the laws of the United States,
he has intrusted this negotiation: They, the said Commissioners, having
communicated to each other their full powers, have, in virtue of the
same, and conformably to the spirit of the last article of the said
treaty of amity, commerce and navigation, entered into this explanatory
article, and do by these presents explicitly agree and declare, that no
stipulations in any treaty subsequently concluded by either of the
contracting parties with any other State or nation, or with any Indian
tribe, can be understood to derogate in any manner from the rights of
free intercourse and commerce, secured by the aforesaid third article
of the treaty of amity, commerce and navigation, to the subjects of his
Majesty and to the citizens of the United States, and to the Indians
dwelling on either side of the boundary line aforesaid; but that all
the said persons shall remain at full liberty freely to pass and
repass, by land or inland navigation, into the respective territories
and countries of the contracting parties, on either side of the said
boundary line, and freely to carry on trade and commerce with each
other, according to the stipulations of the said third article of the
treaty of amity, commerce and navigation.
This explanatory article, when the same
shall have been ratified by His Majesty and by the President of the
United States, by and with the advice and consent of their Senate, and
the respective ratifications mutually exchanged, shall be added to and
make a part of the said treaty of amity commerce and navigation, and
shall be permanently binding upon His Majesty and the United States.
In witness whereof we, the said
Commissioners of His Majesty the King of Great Britain and the United
States of America, have signed this present explanatory article, and
thereto affixed our seals.
Done at Philadelphia this fourth day of
May, in the year of our Lord one thousand seven hundred and ninety-six.
(SEAL.) P. BOND. (SEAL.) TIMOTHY
PICKERING.
============================================================================
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------------------------------------
On Mar 14, 2008, David
Ingram wrote:
It is very unlikely that blind or unexpected email to me will be
answered. I receive anywhere from 100 to 700 unsolicited emails a day
and usually answer anywhere from 2 to 20 if they are not from existing
clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line
and get answered first. I also refuse to be a slave to email and do
not look at it every day and have never ever looked at it when I am out
of town. e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
However, I regularly search for the words"PAYING
CUSTOMER" and always answer them first if they did not get spammed out.
For the last two weeks, I have just found out that my own email notes
to myself have been spammed out and as an example, as I wrote this on
Dec 25, 2007 since June 16th, my 'spammed out' box has
47,941 unread messages, my deleted box has 16645 I have actually looked
at and deleted and I have actually answered 1234 email questions for
clients and strangers without sending a bill. I have also put aside
847 messages that I am maybe going to try and answer because they look
interesting. -e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
Therefore, if an email is not answered in 24 to
48 hours, it is likely lost in space.
You can try and resend it but if important AND YOU TRULY WANT OR NEED
AN ANSWER from 'me', you will have to phone to make an appointment.
Gillian Bryan generally accepts appointment requests for me between
10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los
Angeles) time at (604) 980-0321. david ingram expert
US Canada Canadian American Mexican Income Tax service and help.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
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My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
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980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week
Vancouver (LA) time - (please do not fax or
phone outside of those hours as this is a home office) expert US Canada Canadian American
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Disclaimer:
This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing
in this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and
any and all non-contractual duties are expressly denied. All readers
should obtain formal advice from a competent and
appropriately qualified legal practitioner or tax specialist for expert
help, assistance, preparation, or consultation in connection with
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included." e bankruptcy expert US Canada Canadian American
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David Ingram
gives expert income tax service & immigration help to non-resident
Americans & Canadians from New York to California to Mexico
family, estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence & authority.
Phone consultations
are $450 for 15 minutes to 50 minutes (professional hour). Please note
that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST if in
Canada) expert US Canada Canadian American
Mexican
Income Tax service and help.
This is not intended to be definitive
but in general I am quoting $900 to $3,000 for a dual country tax
return.
$900 would be one T4 slip one W2 slip
one or two interest slips and you lived in one country only (but were
filing both countries) - no self employment or rentals or capital gains
- you did not move into or out of the country in this year.
$1,200 would be the same with one
rental
$1,300 would be the same with one
business no rental
$1,300 would be the minimum with a
move in or out of the country. These are complicated because of the
back and forth foreign tax credits. - The IRS says a foreign tax credit
takes 1 hour and 53 minutes.
$1,600 would be the minimum with a
rental or two in the country you do not live in or a rental and a
business and foreign tax credits no move in or out
$1,700 would be for two people with income from two countries
$3,000 would be all of the above and
you moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still prepare Canadian only
(lives in Canada, no US connection period) with two or three slips and
no capital gains, etc. for $200.00 up.
With a Rental for $400, two or three
rentals for $550 to $700 (i.e. $150 per rental) First year Rental -
plus $250.
A Business for $400 - Rental and
business likely $550 to $700
And an American only (lives in the US
with no Canadian income or filing period) with about the same things in
the same range with a little bit more if there is a state return.
Moving in or out of the country or
part year earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the
first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to
$100.00 each.
18 RRSPs would be $900.00 - (maybe
amalgamate a couple)
Capital gains *sales) are likely
$50.00 for the first and $20.00 each after that.
Catch - up returns for the US where we use the
Canadian return as a guide for seven years at a time will be from $150
to
$600.00 per year depending upon numbers of bank accounts, RRSP's,
existence of rental houses, self employment, etc. Note that these
returns tend to be informational rather than taxable. In fact, if
there are children involved, we usually get refunds of $1,000 per child
per year for 3 years. We have done several catch-ups where the client
has received as much as $6,000 back for an $1,800 bill and one recently
with 6 children is resulting in over $12,000 refund.
This is a
guideline not etched in stone. If you do
your own TDF-90 forms, it is to your advantage. However, if we put them
in the first year, the computer carries them forward beautifully.
This from "ask an income trusts tax service and
immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax
returns with multi jurisdictional cross and trans border expatriate
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