Generally, a foreign national who is a permanent resident of the United States must reside permanently in the United States or else risk losing permanent resident status. However, persons who have been granted U.S. permanent resident status can live in Canada or Mexico, even though they have no actual residence in the United States, without losing permanent resident status or a “green card” if they commute regularly to employment in the United States. Such persons are considered to be “alien commuters” or “green card commuters.”
A. Qualifications for Alien Commuter Status -
Alien commuter status stems from a U.S. administrative practice dating back to at least 1927, of admitting commuters as immigrants and permitting them border-crossing privileges as returning residents afterwards, despite the lack of a permanent residence in the United States. While there is no statute covering the category, there are regulations concerning the special condition, primarily at 8 CFR 211.5 and 8 CFR 316.5.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Topics: Canada, Commuting, Foreign Nationals, Green Cards, Hiring & Firing, Lawful Permanent Residents, Mexico, Resident Status
Published In: Immigration Updates, International Trade Updates, Labor & Employment Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Lane Powell PC | Attorney Advertising