A shaky introduction

[RavenDove]

Hello all, *wary smile* I've been lurking around the corners in these parts for about a week now, and figure that it might be time to put my toes in the discussion waters.

My story - sounds a bit more strange to my own ears than most of the ones I've read through here. My mother is status native american (indian) born in Canada, and was able to enter, live, work, and be legal in the USA thanks to the Jay Treaty. My biological father was just plain Canadian, which leaves me with *no* native legal status. I was fourteen when my mother and I moved to Mississippi. I was issued a SS# in order to enroll in High School, with 'not eligible for employment' stamped on it, which I was given to believe was due to my age and labour laws.

We were never issued visas. We were never told about the need for them, not at the border, not at the SS office, zip. As far as we understood it, everything was A-ok. I graduated highschool in 2002 with, while not top grades, decent ones, and a fistful of scholarships to my local community college thanks to my creative writing skills and ACT scores. I went to University for a year and a half in Canada to study one of the top three creative writing programs in North America, to learn that as I'd been gone for four years, I wasn't considered a Canadian resident anymore.

In 2004, my mother's partner's parents fell ill. I packed up and borded a plane to take care of my mother, her in-laws, and the family farm. The immigration officer at the airport asked me how long I would be staying in the country, as my ID was a strange mix of Canadian student and American. I told him about my ill family, the need to take care of them, and burst into tears.

Again, no mention of the need for a visa.

A year later I discovered that I had skipped all the legal routes somehow, and I'm trying to wade through red tape to discover what I need to do next in order to stay. No one, not at immigration, not the lawyer I spoke with, no-one, can tell me what I have to do. I've spent three years unable to work due to fear of being kicked out. Three years not contributing to my parents household beyond farmwork, housework, and nurse to my granparents because I have no legal standing.

As far as I can tell, the DREAM Act is my only hope to start contributing to my family. To regain any semblance of independance. So. . . Let's get on those phones shall we? I've called Senator Cochran twice a day this week, and dial the number for my parents to add both *their* voices as well. Am working on talking my old highschool friends into doing the same. The more voices the merrier right?

Right.

[HOPEFULDREAMER]

Welcome to the forum! :D

[lilbawler2001]

welcome just one question, have you been in the united states for 5 straight years???

[RavenDove]

Since November of '99 I've been gone for a total of 18 month - six months at a time. So, I suppose, no, I haven't been here for five straight years - though this May marked three years of not leaving the farm for more than a couple hours, let alone the state or country.

It was an immigration lawyer (an amazingly understanding man who did a three and a half hour consultation with me and only charged for the first hour) who pointed me towards the DREAM Act - though I realise I might be having some issues even falling into *that* category.

*frowns*

No one seems to know where to place me.

[lilbawler2001]

hmmm i wonder if the 5 year requirement means staying in the u.s continuosly for 5 yrs??? maybe other members can shed some light on this. So you have a canadian passport right??

[RavenDove]

Pass port? What is this discussion of a passport? *sighs*

I'm currently applying for a Canadian passport. My first attempt was rejected about a week ago since they ask for my previous two years employment and education history and I left the area blank as. . . I have. . . none. So now I filled that area with the information that I'm a loser who's been leeching off of my parents for three years. (In less self depricating language of course)

Until this recent (January I believe?) Rule about the need for a passport to pass the Canadian / American border, I had no need of one. The few times I was asked for one, I was driving across with a family member who had tribal status, which means with a flash of a tribal card and mention of heading towards a reservation border people's eyes get wide and wave the car through. 'Specially when the reservation mentioned is a Mohawk one as we've a reputation of being a rather. . . mouthy people.

The lawyer I spoke to said that as my time away was less than two years, and that I came back every six months-ish, that I was still covered by the five year thing. I'm not sure how concrete that information is, but *shrugs* This is still my best hope.

[lilbawler2001]

what does your birth certificate say? Are you a canadian citizen? if the lawyer said you were covered by the 5 year requirement thats good news then.

[RavenDove]

Birth certificate says Canadian - however, when I attempted for things like health care and such last time I was up there I was told that while I may be a citizen, I wasn't a *resident* and didn't qualify. *twitch* It appears I belong no-where.

Want some more confusion? USA would recognise my blood quantum as enough for tribal status (which would give me access to the Jay Treaty) if they recognised my tribe. Canada recognises my tribe, but not my 1/4 blood quantum. *rubs head* Yeah.

[Tasksgirl]

Birth certificate says Canadian - however, when I attempted for things like health care and such last time I was up there I was told that while I may be a citizen, I wasn't a *resident* and didn't qualify. *twitch* It appears I belong no-where.

Want some more confusion? USA would recognise my blood quantum as enough for tribal status (which would give me access to the Jay Treaty) if they recognised my tribe. Canada recognises my tribe, but not my 1/4 blood quantum. *rubs head* Yeah.


OMG thats insane.. can't wait to receive your whole story

[bok873]

I will always keep my fingers crossed for you, and God Bless Your Family.

[Ianus]

Birth certificate says Canadian - however, when I attempted for things like health care and such last time I was up there I was told that while I may be a citizen, I wasn't a *resident* and didn't qualify. *twitch* It appears I belong no-where.

Want some more confusion? USA would recognise my blood quantum as enough for tribal status (which would give me access to the Jay Treaty) if they recognised my tribe. Canada recognises my tribe, but not my 1/4 blood quantum. *rubs head* Yeah.I don't usually read the new members forum but your story has me interested on what is going on with our neighbor to the north.I've heard only stories of ordinary Canadian citizens treating native Canadians as second class citizens but I had no idea that this also extended to the government as well.

I only know US immigration law but I'd be willing to help out with learning Canadian immigration laws if it may help you lay claim to the benefits of your heritage.

[AnDy]

Oh wow...I had no idea Canadian laws were that....um......dunno.

Anywayz, I have a saying "It's not where you're born but where you're raised that you belong"

I hope this nightmare ends soon, it's not fair for any of us. .

Welcome to the page...don't be lurking around the corners there's noting to hide from......

good luck hon....I'll ask around......

[RavenDove]

Been a crazy week, my time on here has been quick and random because of that.

Thank you, sincerely for the well wishes and support, I hope you all realize it's reciprocated on my part. We''re all in this together, something has to change. Legislation is notorious for being slow to adapt to the times, in any country, but we're doing our bit to try and speed that process up, I hope.

Ianus - It really depends on where you are in Canada. Just as it depends on where in the USA you are that you'll encounter prejudice against, say, african-americans. Most people are decent minded, but the ugly minded ones are louder.

Quick version of why I'm not considered status :

I'm Mohawk. According to Traditional Law - that is, the way things were done before there were things like 'Canada' and 'USA', we're a matrilinial people. Which means I'm Mohawk because my mother is, and her mother is, and her mother is etc. And then there's the laws put in place in both the USA and Canada to wipe us out up into the early 1900s (if I'm remembering history right).

In Canada, in the time when my grandparents got married (she's native, he's french canadian) a native woman marrying a non-native man lost all her rights to call her self native. In the eyes of the law, she was now 'white'. A native man, marrying a non-native woman, on the other hand, extended all of his native rights to her - she was now, legally, native, even full blooded. Remember above when I said we were matrilinial? This was a law specifically end those traditions.

Then, in 1984, (the year I was born) a bill was passed, called C31. C31 gave all of those native-turn-white women *back* their rights, and extended C31 Status to her children. So, my grandmother is considered full, my mother is C31. Here's where I'm about to loose you:

A C31 and a non-native's children are non-native, have no legal claim to their heritage. (This would be me). A C31 and a C31's children are NonReproducing C31s - no matter who they hook up with, their children will not legally be considered Native. The only way for a C31 to have legally Native grandchildren, is to hook up with a Full Blood - someone who had native rights under the old law. Obviously, along with all of the current land claim issues in Canada, there's a movement trying to get the legal process of who's Native and who's not *back* to the traditional ways, according to the traditions of each tribe.

Now, the USA - USA recognises native people who belong to federally recognised native tribes. There are only a handful of federally recognised tribes. They tried really hard to umbrella these tribes. For instance, the Mohawk are a part of a group of six seperate tribes who banded together in an alliance a very long time ago. The alliance are called the Iroquis.

USA recognises the Iroquis, but not the seperate six nations it consists of. Technically, if I could get a letter from the Chief of my tribe to say I have 1/4 *Iroquis* blood, I could be recognised and merrily skip in under the Jay Treaty. (Written in the 1600s and, unless you live in, like, New York state, largely forgotten). However, the Chief of my tribe cannot legally do that - as he is a Mohawk Chief, not an Iroquis one.

*twitch* Yeah. Hence the DREAM act is currently, as things stand, my best and possibly only chance to stay here, in Mississippi and be with my parents. (Mother, and step-father). Hence, my dedication.

Sorry to wander so far off topic. Ooops.