Can Canadian commuting to work in US apply for US green card

[Reba]

My thoughts exactly Steven. I have a friend who got a 2 year green card but because of family obligations still in Canada has yet to be able to move to hte US. Her residecy intentions come into question all the time. And she may not be able to remove conditions to get the 10 year card based on her intnetional non-residence.

Plus, the processing timelines for immigrant visas in Montreal is about a year (give or take a month or two). If the TN visa expires in that time, then can they renew until the green card petition is completed, or are they stuck in Canada without a job?

Who is the sponsor in this scenario? The I-140 seems fairly specific about outstanding abilities and knowledge that can't be found already in the US; and the I-130 is a petition by family member only.


wx1234, I've linked the instructions here to both of those petitions mentioned by Christopher so that you can read them for yourself. I'd suggest you speak with a knowledgeable immigration lawyer about what your options are. Perhaps your employer already has one on retainer and can advise as to what your employer is prepared to do for you, if anything.

[Christopher G. Rizzo, Esq]

No you don't need to reside in the U.S., commuting is enough.

[dannykool]

good explanation provided by Mr. Rizzo.


I guess other than the Windsor Detroit route, one cannot really commute daily into US from Canada.so this is the only route where a commuting green card would be applicable.

[Christopher G. Rizzo, Esq]

There is no residency requirement for commuter LPRs.

[asik13]

Hi there,

Currently I am under the OPT status (12 months US work eligibility after school) and I was wondering what the next logical step would be for me once this expires. I live on the Windsor/Detroit border (residing in Canada and commuting daily) and I was wondering if the commuter green card would be better for me or if the H1-B visa would be. I know the H1-B visa expires after 6 years and then you must take a full year off so this would be very challenging to do. Any advice?

Thanks in advance!