8 CFR § 289.1 - Definition.

---
identifier: "/us/cfr/t8/s289.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 289.1 - Definition."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "289.1"
section_name: "Definition."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "289"
part_name: "AMERICAN INDIANS BORN IN CANADA"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 103, 262, 289, 66 Stat. 173, 224, 234; 8 U.S.C. 1103, 1302, 1359; 45 Stat. 401, 54 Stat. 670; 8 U.S.C. 226a, 451."
cfr_part: "289"
---


# 289.1 Definition.

The term *American Indian born in Canada* as used in section 289 of the Act includes only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possesses at least 50 per centum or more of such blood.

[29 FR 11494, Aug. 11, 1964]