LPR to Commuter Green Card?

[wallyWAF 0]

When a currently employed US LPR and green card holder wants to take up commuter status, when can they actually move across the border (Canada)? 
 

Do you move then apply with I-90, start commuting being in an implied status? 

 

Or apply before you move and have to wait for some sort of confirmation/AOS, then officially move? 

 

Or do you have to wait for your actual commuter/C2 GC to come in officially commute?  

 

Considering I-90 processing time is currently around 4.5-12 months, want to time it out.

 

Just don’t want to be in jeopardize of GC abandonment while starting to commute daily.

[HRQX 4,145]

31 minutes ago, wallyWAF said:

Do you move then apply with I-90, start commuting being in an implied status?

Yes, you move first: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4

To be eligible for commuter status, an applicant must meet the following requirements:

• Establish LPR status;

• Establish he or she lives in Canada or Mexico;^[4] and

• Establish employment in the United States within the 6 months before filing.

[wallyWAF 0]

24 minutes ago, HRQX said:

Yes, you move first: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4

To be eligible for commuter status, an applicant must meet the following requirements:

• Establish LPR status;

• Establish he or she lives in Canada or Mexico;^[4] and

• Establish employment in the United States within the 6 months before filing.

Thanks, I was just getting conflicting information on the actual move. Because it also says: 

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
 

I just want to make sure the proper order of actions. Would I notify border patrol, as they might find it funny that I’m commuting the wrong way everyday on a C1? 

[HRQX 4,145]

15 minutes ago, wallyWAF said:

 

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

That is referring to countries other than Mexico and Canada.

 

USCIS policy manual is the official source: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-4

Under normal circumstances, a lawful permanent resident (LPR) is considered to have abandoned his or her status if he or she moves to another country with the intent to reside there permanently. However, in certain situations, an LPR may commence or continue to reside in a foreign contiguous territory and commute to the United States for employment.^[1] This administrative grant of “commuter status” is only available to LPRs living in Canada or Mexico.

[JustLearning 0]

Hello, I was wondering if someone can confirm the order.  Do I file an I-90 and then start commuting?   Do I need an I-797 to start commuting?  I can't find anywhere a clear set of steps.  If anyone can help I would really appreciate it!

[HRQX 4,145]

6 hours ago, JustLearning said:

Hello, I was wondering if someone can confirm the order.

You start commuting first and then you file Form I-90.

[JustLearning 0]

18 hours ago, HRQX said:

You start commuting first and then you file Form I-90.

Thanks so much for your reply.  When you cross the first time to commute do they review your employment information and give you a I-178 take your green card and place a stamp in your passport like in:

https://www.shusterman.com/pdf/cbpinspectorsfieldmanual.pdf

 

Thanks again!

[HRQX 4,145]

2 hours ago, JustLearning said:

When you cross the first time to commute do they review your employment information and give you a I-178 take your green card and place a stamp in your passport like in:

https://www.shusterman.com/pdf/cbpinspectorsfieldmanual.pdf

They may or may not notice the first few times while I-90 is pending. Just in case they notice then carry your employment information and the I-90 Receipt notice.

[kradboc 0]

"Establish he or she lives in Canada or Mexico" - Does the commuter GC privilege also extend to Canadian PR's living in Canada and commuting for work? @HRQX Have you come across any successful precedents of this class of applicants in this forum?

[HRQX 4,145]

On 3/10/2022 at 5:31 AM, kradboc said:

Does the commuter GC privilege also extend to Canadian PR's living in Canada and commuting for work?

The following thread has some info: https://www.canadavisa.com/canada-immigration-discussion-board/threads/live-in-windsor-while-working-in-the-states.527038/#post-6493016