An applicant for US resident alien status ("green card"), who is residing in Canada or Mexico, may request a commuter green card so that he/she may travel from one of these countries to the US on a daily or frequent basis for US employment. The process for applying for a commuter green card is the same as applying for an employment-based green card through Consular Processing. Commuter green card status is administrative permission for the employee to live in Canada or Mexico and maintain a green card. This is a significant exception to the rule that all green card holders must reside in the US. There are numerous limitations to a commuter green card holder, which include:
- Not eligible to apply for US Citizenship until he/she converts the commuter green card to a regular, non-commuter green card, and then waits the appropriate time frame (3 or 5 years);
- Must be extended every six months;
- Can be extended only if the individual continues to work in the US and can prove that he/she has worked in the US for at least 90 days during the last year (letter confirming employment);
- Cannot sponsor family members for green card status unless he/she moves to the US and then processes paperwork for the family. For family members who were in existence at the time he/she received the green card, this requires filing "following to join" paperwork. However, in order to sponsor a family member who was not in existence when the green card was secured (after acquired spouse, step-child, or newly born child), this requires filing an I-130 Alien Relative petition for family members acquired after he/she received the green card, and the waiting times can be five (5) years or longer;
- Cannot take long international assignments without risking the loss of green card status;
- May not be entitled to all of the same protections as a regular green card holder. For example, commuter green card holders are not entitled to a formal hearing before an Immigration Judge to determine whether he/she is removable/inadmissible to the US (i.e., commission of a serious crime).