Commuter Status US Green Card, Canada PR Holder

[ccaallvviinn]

Hello everyone, I recently received my US green card, while I also have Canada PR card. Due to family reasons, I will need to move to White Rock, BC. Since it is a city at boarder, I am thinking about applying for the Commuter Status for my US green card, so that I can commute into the US for work and don't risk losing my US green card when living in Canada on Canada PR. Personally, I would like to pursue Canadian citizenship a couple of years later.

Questions:
1. Does anyone here have any experience of applying for the Commuter Status US green card? Could you share the general process and/or caveats?
2. Do I need to apply for the Commuter Status BEFORE establishing residence in Canada? Or, I should apply AFTER moving to Canada?
3. Can I start to commute with the USCIS receipt notice? Or, I must wait until I have the Commuter Green Card approved and received in hand? Nowadays, I-90 form seems to need 6+ months for USCIS processing.

Thank you!

 

[ccaallvviinn]

Any guidance and insights from the group here? Please help!

 

[wallywaf]

Any guidance and insights from the group here? Please help!

Did you get any help/answers to your questions? I also am interested in what you found out.

 

[ccaallvviinn]

Did you get any help/answers to your questions? I also am interested in what you found out.

I never received answers to this post, but I am currently on commuter status, so happy to answer any questions you may have. Are you in the same situation?

 

[wallywaf]

I never received answers to this post, but I am currently on commuter status, so happy to answer any questions you may have. Are you in the same situation?

My wife will be in that situation this spring (Canadian citizen with US Greencard, but will be moving to Canada and commencing coming to work in US). We had met with an immigration attorney, and it seems like you move first then immediately submit I-90 to change to C2. Did you have any issue with the border or commuting while in process?
I was also curious if you were filing US taxes as a 1040 NR or not.

Thanks!

 

[ccaallvviinn]

My wife will be in that situation this spring (Canadian citizen with US Greencard, but will be moving to Canada and commencing coming to work in US). We had met with an immigration attorney, and it seems like you move first then immediately submit I-90 to change to C2. Did you have any issue with the border or commuting while in process?
I was also curious if you were filing US taxes as a 1040 NR or not.

Thanks!

No issues with CBP. Actually, I called the CBP before doing so, and it was their confirmation that I can start commuting with the I-90 pending. When I cross the border, sometimes, I do run into inexperienced officers who raised questions. But, after I explain or they confirm with their supervisors, I have had no issues at this point. Will have to see what happens when the I-90 pending for over a year time mark though. It's crazy how slow it is.

As a green card holder, you cannot file as a NR in my understanding. Otherwise, you incur risks of losing green card in the US.

 

[IFS]

No issues with CBP. Actually, I called the CBP before doing so, and it was their confirmation that I can start commuting with the I-90 pending. When I cross the border, sometimes, I do run into inexperienced officers who raised questions. But, after I explain or they confirm with their supervisors, I have had no issues at this point. Will have to see what happens when the I-90 pending for over a year time mark though. It's crazy how slow it is.

As a green card holder, you cannot file as a NR in my understanding. Otherwise, you incur risks of losing green card in the US.

Hi,
I will be in a similar situation soon.
I am expecting my GC to be issued within 3-4 months. I still have 15 months to go to complete my residency days in Canada for applying Citizenship.
I will be able to cross the border from Windsor to Detroit for work.

Can you help me know:
1) I am already in Windsor. Once I get GC, should I immediately apply for i-90?
2) How long it took you to get the commuter GC after applying?
3) What happens to the GC of wife if the husband converts the GC into commuter GC?

 

[ccaallvviinn]

Hi,
I will be in a similar situation soon.
I am expecting my GC to be issued within 3-4 months. I still have 15 months to go to complete my residency days in Canada for applying Citizenship.
I will be able to cross the border from Windsor to Detroit for work.

Can you help me know:
1) I am already in Windsor. Once I get GC, should I immediately apply for i-90?
2) How long it took you to get the commuter GC after applying?
3) What happens to the GC of wife if the husband converts the GC into commuter GC?

To your questions:
1) My recommendation is yes. As a US GC and Canada PR holder living in Canada, you risk losing US GC if not converting to commuter status, as you established 'permanent' residence outside of the US. Commuter status is a way to protect your US GC.
2) USCIS now reports 20+ month processing time of I-90. As long as you filed I-90 and receive a yellow sticker from CBP, you're fine to start commuting and claim you're a commuter with I-90 pending. Mine is still pending and not sure how long it would take.
3) No impact. Your wife may get her GC through you. But, once she has her own GC approved, you are independent cases now

 

[IFS]

To your questions:
1) My recommendation is yes. As a US GC and Canada PR holder living in Canada, you risk losing US GC if not converting to commuter status, as you established 'permanent' residence outside of the US. Commuter status is a way to protect your US GC.
2) USCIS now reports 20+ month processing time of I-90. As long as you filed I-90 and receive a yellow sticker from CBP, you're fine to start commuting and claim you're a commuter with I-90 pending. Mine is still pending and not sure how long it would take.
3) No impact. Your wife may get her GC through you. But, once she has her own GC approved, you are independent cases now

Thanks for the detailed replies.
1) When and how do we get the yellow sticker from CBP. I am assuming we apply for i90 online.
How to get that yellow sticker?
1) For my wife, I think it will not be possible to go to you like every week or every month because it may jeopardize her GC.
I think she should not enter the US for 5-6 months and once I complete my days and move to US, she should be able to move with me.

 

[ccaallvviinn]

Thanks for the detailed replies.
1) When and how do we get the yellow sticker from CBP. I am assuming we apply for i90 online.
How to get that yellow sticker?
1) For my wife, I think it will not be possible to go to you like every week or every month because it may jeopardize her GC.
I think she should not enter the US for 5-6 months and once I complete my days and move to US, she should be able to move with me.

Yes, I-90 filing online. For the yellow sticker, just speak to a CBP officer when you enter the US. Let him or her know that you want to take on commuter status. Then, you will be sent into the CBP building for processing. The yellow sticker is a piece of paper showing your LPR status and until date (6 months) to ensure you check in with them within 6 months for the commuter status renewal. Going forward, every time you cross, you must show the GC and the yellow sticker together to claim your commuter status. Once your I-90 form is approved, a new GC (C2) will be mailed to the POE you chose in I-90 form for your pick-up.

 

[IFS]

Yes, I-90 filing online. For the yellow sticker, just speak to a CBP officer when you enter the US. Let him or her know that you want to take on commuter status. Then, you will be sent into the CBP building for processing. The yellow sticker is a piece of paper showing your LPR status and until date (6 months) to ensure you check in with them within 6 months for the commuter status renewal. Going forward, every time you cross, you must show the GC and the yellow sticker together to claim your commuter status. Once your I-90 form is approved, a new GC (C2) will be mailed to the POE you chose in I-90 form for your pick-up.

When you say speak to the CBP officer for commuter status, this should be done after applying i90 online, correct?
For example, I file the i90 and then tell the CBP officer that I have filed the i90 and would like to take the commuter status.

 

[ccaallvviinn]

When you say speak to the CBP officer for commuter status, this should be done after applying i90 online, correct?
For example, I file the i90 and then tell the CBP officer that I have filed the i90 and would like to take the commuter status.

yes

 

[MommyBear2]

I never received answers to this post, but I am currently on commuter status, so happy to answer any questions you may have. Are you in the same situation?

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

 

[ccaallvviinn]

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

No. You can just DIY online by filing the form I-90, which gives you an option to take up commuter status.

 

[IFS]

Yes, I-90 filing online. For the yellow sticker, just speak to a CBP officer when you enter the US. Let him or her know that you want to take on commuter status. Then, you will be sent into the CBP building for processing. The yellow sticker is a piece of paper showing your LPR status and until date (6 months) to ensure you check in with them within 6 months for the commuter status renewal. Going forward, every time you cross, you must show the GC and the yellow sticker together to claim your commuter status. Once your I-90 form is approved, a new GC (C2) will be mailed to the POE you chose in I-90 form for your pick-up.

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?