Under normal circumstances, a lawful permanent resident (LPR) is considered to have abandoned their status if they move to another country with the intent to reside there permanently. But in certain situations, an LPR may begin to or continue to reside in a foreign contiguous territory and commute to the United States for employment. This administrative grant of commuter status is only available to LPRs living in Canada or Mexico.
The two types of commuters are:
• Those who commute for regular employment in the United States; and
• Those who enter to perform seasonal work in the United States, but whose presence in the United States is for 6 months or less, in the aggregate, during any continuous 12-month period (seasonal commuters or seasonal workers).
LPRs must use the Application to Replace Permanent Resident Card—Form I-90—to take up commuter status or when taking up actual residence in the United States after having been a commuter. Commuters receive a Permanent Resident Card (PRC) that indicates their status as a commuter. Commuters must also use Form I-90 to replace their commuter PRCs.
Eligibility Requirements
Obtaining Commuter Status
To be eligible for commuter status, an applicant must meet the following requirements:
• Establish LPR status;
• Establish they live in Canada or Mexico; and
• Establish employment in the United States within the 6 months before filing.
Evidence of employment may include:
• Employment pay stubs showing employment in the United States; or
• An employment letter on company letterhead showing current employment in the United States.
Applicants should refer to the Form I-90 instructions for further information on evidentiary requirements. Upon approval, United States Citizenship and Immigration Services (USCIS) issues the applicant a PRC indicating status as a commuter.
Removing Commuter Status
A commuter who begins residing in the United States after having been a commuter must use Form I-90 to request to remove commuter status from his or her PRC. The commuter should submit evidence of a U.S. address with Form I-90. Evidence may include a lease agreement, property deed, or utility bill dated within the 6 months before filing Form I-90. Applicants should refer to the Form I-90 instructions for further information on evidentiary requirements.
A seasonal worker is presumed to be residing in the United States if they are present in the United States for more than 6 months, in the aggregate, during any continuous 12-month period. In such a case, the seasonal worker is no longer eligible for commuter status.
Loss of Permanent Resident Status for Commuters
A commuter who has been out of regular employment in the United States for a continuous period of 6 months loses LPR status. But an exception applies when employment in the United States was interrupted for reasons beyond the person’s control (other than lack of a job opportunity) or when the commuter can demonstrate that they worked 90 days in the United States during the 12-month period before the application for admission into the United States at a port of entry.
In Texas, as in all U.S. states, lawful permanent residents (LPRs) who wish to maintain commuter status must adhere to federal immigration regulations. Commuter status allows LPRs residing in Canada or Mexico to commute to the U.S. for employment without being considered to have abandoned their LPR status. There are two types of commuters: regular commuters and seasonal workers. To obtain commuter status, LPRs must file Form I-90, prove their residence in Canada or Mexico, and establish employment in the U.S. within six months before filing. Evidence such as pay stubs or an employment letter is required. Commuters must also use Form I-90 to update their status if they decide to take up actual residence in the U.S. or to replace their Permanent Resident Card (PRC). A commuter loses LPR status if they are out of regular employment in the U.S. for more than six months unless the employment interruption was beyond their control or they worked at least 90 days in the U.S. during the previous 12 months. Seasonal workers who stay in the U.S. for more than six months in a 12-month period may also lose their commuter status.
