Want to work in the U.S. through the Jay Treaty? Some say process is confusing, frustrating

While obtaining permanent residency in the United States through Jay Treaty rights sounds easy, the actual experience and amount of time it takes can vary.

The Jay Treaty was signed in 1794 between Great Britain and the United States. Under the treaty, "American Indians" who were born in Canada can freely enter the United States for travel, studies, employment, retirement and immigration.

But to prove eligibility under the treaty, the U.S. government requires a set of documents which some say are unclear, and some are even having trouble getting.

Documents that help prove eligibility under the Jay Treaty:

Jonathan Jenka has waited two years to get a letter from his band, Mikisew Cree First Nation, whose territory straddles the Alberta-N.W.T. border, so he can join his fiancé in the United States.

He said his fiancé has had to take on most of the financial responsibilities; his credit cards and lines of credit have helped, but those are drained.

"I'm pretty much on the brink of claiming bankruptcy, just over one letter that my band won't do," Jenka said.

"That's what's been destroying me. It's so simple for them to do and to help their members.''

Jenka said the U.S. government will not accept his supporting documents without the letter of blood quantum from his band — even with a letter of ancestry from Indigenous Services Canada.

CBC News contacted the Mikisew Cree First Nation chief and the membership councillor but neither provided a statement before time of publishing. The United States Citizenship and Immigration Services also did not provide a statement before time of publishing.

Indigenous Services Canada said in a statement that registration under the Indian Act does not confirm to the U.S. government someone is Indigenous. It said it will provide a letter of ancestry to an individual but it is not promised that the U.S. government will accept the letter as full proof.

It directs individuals to reach out to their band for a letter to confirm membership.

Heather Fathali, an immigration lawyer in Bellingham, Wash., said because she's near the border her firm receives a few inquiries a month about the Jay Treaty.

She said a blood quantum confirmation letter, when paired with Indian status registration and information about family history, can be used successfully to prove eligibility for Jay Treaty rights.