border

Overview of Commuter Green Cards

Commuter green cards allow individuals who reside in Canada or Mexico to work in the United States without maintaining a permanent residence within the U.S. This special status caters to those who regularly commute across the border for employment while being legally recognized as permanent residents of the U.S. The concept of a commuter green card originated from administrative practices dating back to 1927 and is now governed by specific regulations rather than direct statutory mandates.

Qualifications for Commuter Status

To be eligible for commuter status, an individual must first be a lawful permanent resident (LPR) of the U.S., typically through employment-based or family-based sponsorship. The commuter must reside in a contiguous territory — specifically Canada or Mexico — and demonstrate that they have regular and stable employment in the U.S. This employment can be part-time or intermittent, as long as it is consistent and stable. Importantly, there is flexibility in the frequency of commuting; the individual may commute daily or seasonally, depending on the nature of the employment.

Maintaining Commuter Status with Form I-178

LPRs can apply for commuter status by filing Form I-90, marking their transition to a commuter and declaring their intent to live in Canada or Mexico and maintain commuter status. Form I-90 can be filed online or with a paper submission to USCIS.

Form I-178, while less commonly discussed compared to other immigration forms, plays a crucial role for commuter green card holders. This form is technically referred to as the “Commuter’s Adjustment to Resident Status,” and is required to be completed and submitted to a U.S. Customs and Border Protection (CBP) officer every six months. The primary purpose of Form I-178 form is to verify and confirm that the commuter green card holder is maintaining their employment in the United States as stipulated by their status requirements. Documentation to prove ongoing, stable, and regular employment in the U.S., like paystubs, an employment verification letter, employment contract, or work schedule, must also be submitted with the form. This biannual submission helps ensure that the individual has not abandoned their commuter status and continues to meet the eligibility criteria that allow them to reside outside the U.S. while working within its borders.

It is important for commuters to understand that any interruption in their employment in the U.S. should be addressed when submitting Form I-178. They should be prepared to explain any gaps or changes in employment status, and document that they have resumed employment in the U.S. for at least 90 days within the last twelve months to maintain their status.

Failing to properly complete and submit Form I-178 can lead to significant consequences. If a commuter does not demonstrate continuous employment in the United States or fails to submit the form as required, they risk losing their commuter status. This could ultimately lead to the revocation of their green card, as they would no longer meet the conditions of their permanent resident status under commuter provisions.

Privileges & Limitations

Commuter green card holders enjoy several privileges associated with their status:

  • They can remain in the U.S. indefinitely if they maintain their employment and commuting pattern.
  • They have the right to leave and return to the U.S. after temporary absences without affecting their permanent resident status.
  • Commuters can work in any occupation, giving them flexibility to change jobs or pursue different career opportunities in the U.S.

While the commuter green card offers significant benefits, there are still notable restrictions as compared to a “regular” LPR.

  • Importantly, commuter LPRs cannot petition for permanent resident status for family members.
  • Time spent as a Commuter LPR does not count towards the residency requirements for U.S. naturalization.

Can Commuter LPRs convert to “regular” LPR status?

Yes. Individuals looking to convert from their commuter green card to “regular” LPR status can do so by filing Form I-90 and indicating their new residential intentions and permanent U.S. address. This switch is necessary if the commuter decides to take up full-time residence in the U.S.

Adopting commuter LPR status or transitioning from a commuter LPR to “regular” permanent resident status in the U.S. may have significant tax and estate planning implications, both in the U.S. and abroad. Individuals should consult with qualified international tax and estate planning attorneys to fully understand the potential impacts.

Conclusion

Commuter green cards provide a valuable option for those who wish to live in Canada or Mexico while working in the U.S. By adhering to the required employment and reporting protocols, you can enjoy the benefits of U.S. permanent residency without the need for full-time U.S. residence. If you have any questions regarding this topic, feel free to reach out to one of our team members at Berardi Immigration Law.