Commuter Status US Green Card, Canada PR Holder

[justinline]

Hello,
Thanks for answering the questions in the past.
I have some more questions:
1) I am expecting to receive my GC in December. I currently commute from Canada on Work Visa. As soon as I get my GC, I will apply for Commuter status. However, I plan to move to USA permanently after 08 months. Do I still need to apply for Commuter status for these 08 months?
2) My wife will also receive the Green Card. However, we cannot apply for her commuter status as she does not have a job in USA and lives with me in Canada.
I think the best thing for my wife would be to NOT travel to USA until August because it can risk her LPR. Do you think is there any other way that she can travel to USA?

Are you doing AOS or Councellor Processing. If AOS, then better to apply for rentry permit for wife. Better to apply for commuter status for yourself, if you are not establishing residence in US. After GC, wife can also find some job to convert to commuter status.

 

[IFS]

I am doing AOS.
I am commuting frequently to USA on work visa. My wife also travels sometime with me on dependent visa.
Even if I just plan to stay for 08 more months in Canada before moving to USA, I think it still makes sense to apply for commuter status to be on safer side.
For my wife, I believe the rule is that if someone is outside of USA, he can come back to USA within 01 year without applying for reentry permit.
Do you think it will be fine to not apply for reentry permit if I plan to move after 08 months?

 

[justinline]

I am doing AOS.
I am commuting frequently to USA on work visa. My wife also travels sometime with me on dependent visa.
Even if I just plan to stay for 08 more months in Canada before moving to USA, I think it still makes sense to apply for commuter status to be on safer side.
For my wife, I believe the rule is that if someone is outside of USA, he can come back to USA within 01 year without applying for reentry permit.
Do you think it will be fine to not apply for reentry permit if I plan to move after 08 months?

I would prefer in this situation to error on safer side. I assume since you are jumping through so many hoops, maintaing the GC for you and wife is important. Keep in mind filling AOS already means you have residence and status in US, from US perspective you reside in US and travel in and out of US using other non immigrant status.
There are rules and and guidance for CBP, in terms of time period, 6 months, 1 year, 2 years. But primary rule with GC is you should be residing in US. Even after two months absence while coming back if the CBP officer is convinced you are no longer maintaing residence in US or intent to. He/she can move to revoke the GC.

If the after 8 months while coming back, question of residence come up, the CBP officer determines your wife never established residence. Sends the case to judge. Now you are in the whole rigamarole of proving your residential ties and intention to maintain your GC.

There are two things
- You dont need re-entry permit for absences less than 1 year.
- Your US permanent residence is considered abandoned if you take residence in foreign country even for period shorter than 1 year.

It is the second point you need to take care of, re entry permit is the surest way to overcome that and comes with peace of mind.

 

[IFS]

I would prefer in this situation to error on safer side. I assume since you are jumping through so many hoops, maintaing the GC for you and wife is important. Keep in mind filling AOS already means you have residence and status in US, from US perspective you reside in US and travel in and out of US using other non immigrant status.
There are rules and and guidance for CBP, in terms of time period, 6 months, 1 year, 2 years. But primary rule with GC is you should be residing in US. Even after two months absence while coming back if the CBP officer is convinced you are no longer maintaing residence in US or intent to. He/she can move to revoke the GC.

If the after 8 months while coming back, question of residence come up, the CBP officer determines your wife never established residence. Sends the case to judge. Now you are in the whole rigamarole of proving your residential ties and intention to maintain your GC.

There are two things
- You dont need re-entry permit for absences less than 1 year.
- Your US permanent residence is considered abandoned if you take residence in foreign country even for period shorter than 1 year.

It is the second point you need to take care of, re entry permit is the surest way to overcome that and comes with peace of mind.

Thanks for the detailed reply. Really appreciate it.

Yes, I agree that reentry permit will be a safe option. But for that, I believe we have to be physically present in the US for applying i131 and stay in the USA until the Biometrics are done. It could be around 1-2 months. Not sure if they reuse the biometrics done before. So staying in a hotel in USA for 1-2 months to process reentry permit just to handle the 08 months outside residence may not make much sense.
What my understanding is that if someone is coming back to USA within 1 year, the residence he took over outside the USA will be considered as TEMPORARY residence, not permanent. I was reading online and some people mentioned that to maintain their green card, they used to enter USA for 3-4 days in a year and leave again for their home country. I dont know how long they did it for.

 

[Daddydj]

Hi I will soon be getting my US green card and will be applying for commuter GC as I live in a border town in canada and work in the US 3days a week . I have a few questions if someone on this post could answer for me -
1) Does the commuter GC have to be applied every 6months? Current wait time shows it can take 20months to be processed , in that case do you have to confirm your job status with CBP every 6months ?
2) could you own a business in US and just go to work in it on a commuter as in be self employed?
3) on a regular GC can my husband stay in the US but come to work to canada 2-3 days a week ?

 

[ccaallvviinn]

Did you use an attorney to obtain commuter status? If so, which one?

I just DIY. Directly file with Form I-90 with supporting materials online.