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This comment [0] claims that under the Jay Treaty [1] you're essentially given a free pass at "the border". But according to Wikipedia and this article [2], at

This comment [0] claims that under the Jay Treaty [1] you're essentially given a free pass at "the border". But according to Wikipedia and this article [2], at best this only applies to the Canadian border. If this claims are true, I'm surprised that the EFF & ACLU aren't educating everyone about this exemption. [0]https://news.ycombinator.com/item?id=11742399 https://news.ycombinator.com/item?id=11742399 [1]https://en.wikipedia.org/wiki/Jay_Treaty#American_Indian_rights https://en.wikipedia.org/wiki/Jay_Treaty#American_Indian_rig... [2] https://law.seattleu.edu/Documents/ailj/Fall%20Issue/Smith%20Jay%20Treaty%20Final%2011-18.pdf https://law.seattleu.edu/Documents/ailj/Fall%20Issue/Smith%2...

mahyarm 10y ago
If your a Canadian citizen with %50+ native blood you can apply for a green card / citizenship at the border because of the jay treaty. That's a very small amount of people although. Canada is a lot more stringent about jay treaty rights in this case although than the US. It's actually harder! I really doubt though all of these guy's details are correct, since it would mean all native born Canadians could just apply for US citizenship on the border, and I would think there would be some CBC article about it by now. Also if you do stuff like 'put your house under a trust' or any other corporation, then you lose things like the 250k cap gains exemption on a house you directly own and live in when you sell it. So definitely a YMMV. This feels like all of the 'you don't actually have to pay income tax' crap if you do this magical bureaucracy incantation you see on the internet.
- tanderson92 10y ago
  > If your a Canadian citizen with %50+ native blood.... > since it would mean all native born Canadians could just apply for US citizenship on the border These are not equivalent, and so it's clear why not all native born Canadians can apply for US citizenship at the border. In particular Native-Canadian is not the same as native-born Canadian. It's like the difference between Native Americans and native-born Americans (note the difference in capitalization, if that helps).

mahyarm 10y ago

If your a Canadian citizen with %50+ native blood you can apply for a green card / citizenship at the border because of the jay treaty. That's a very small amount of people although. Canada is a lot more stringent about jay treaty rights in this case although than the US. It's actually harder! I really doubt though all of these guy's details are correct, since it would mean all native born Canadians could just apply for US citizenship on the border, and I would think there would be some CBC article about it by now. Also if you do stuff like 'put your house under a trust' or any other corporation, then you lose things like the 250k cap gains exemption on a house you directly own and live in when you sell it. So definitely a YMMV. This feels like all of the 'you don't actually have to pay income tax' crap if you do this magical bureaucracy incantation you see on the internet.

tanderson92 10y ago
> If your a Canadian citizen with %50+ native blood.... > since it would mean all native born Canadians could just apply for US citizenship on the border These are not equivalent, and so it's clear why not all native born Canadians can apply for US citizenship at the border. In particular Native-Canadian is not the same as native-born Canadian. It's like the difference between Native Americans and native-born Americans (note the difference in capitalization, if that helps).