Maintaining your green card can be confusing, especially for Canadians and Mexicans contemplating or already commuting to the United States for work under a green card. Lawful Permanent Residents (LPRs) from Canada and Mexico have a unique opportunity to maintain their residency status while working in the U.S. through what is known as “commuter status.” This status allows for a flexible arrangement, catering to regular and seasonal employment. This article explores commuter status, outlining eligibility, application processes, and considerations to maintain your status.
1. Understanding Commuter Green Card Status
Typically, a Lawful Permanent Resident (LPR) risks losing their status if they move abroad with the intent to reside there permanently. However, an exception called “commuter status” allows LPRs living in Canada or Mexico to work in the U.S. without losing their green card status. This status caters to both regular and seasonal work arrangements.
Types of Commuters:
- Regular employment commuters: Those crossing the border for ongoing work.
- Seasonal commuters: Workers who enter the U.S. for up to six months total in any continuous 12-month period.
2. Eligibility for Commuter Status
To qualify for commuter status, applicants must:
- Prove LPR status.
- Show residency in Canada or Mexico.
- Provide evidence of U.S. employment within six months prior to applying.
Documents Required:
- Form I-90 (Application to Replace Permanent Resident Card).
- Pay stubs or an employment letter on company letterhead.
Upon approval, applicants receive a Permanent Resident Card (PRC) marked as a commuter card. It’s essential to designate a U.S. port of entry for PRC pick-up as it cannot be mailed internationally.
3. Switching to Resident Status
If a commuter decides to live in the U.S., they must update their status through Form I-90, providing proof of a U.S. address (e.g., lease agreement, deed, or utility bills). Seasonal workers who spend more than six months in the U.S. in a 12-month period may need to change their commuter status.
4. Maintaining Commuter Status
Commuters must:
- Renew their status regularly.
- Carry a Commuter Status Card (Form I-178) for border crossings. This card is valid for six months and must be renewed with proof of continued employment in the U.S.
5. Risks of Losing Permanent Resident Status
LPRs may lose commuter status if:
- They have not worked in the U.S. for more than six continuous months.
- Exceptions: Employment interruptions beyond the commuter’s control or working at least 90 days in the U.S. within the prior 12 months.
Conclusion
Commuter status is an effective way for Canadian and Mexican LPRs to maintain their residency while working in the U.S. Following eligibility, application, and renewal guidelines is crucial for preserving this status. For complex cases, seek advice from an immigration lawyer to ensure compliance with current regulations.
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Citations
- USCIS Commuter Green Cards
- I-90, Application to Replace Permanent Resident Card (Green Card)
- Form I-90 Instructions
We Can Help!
You may have questions regarding a commuter green card. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
