Commuter Green Cards

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 family members who were not in existence when the green card was secured (after acquired spouse, step-child, or newly born child), this requires filing Alien Relative petitions 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).