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 West Virginia, as in all states, the federal immigration regulations apply to lawful permanent residents (LPRs) who wish to maintain their status while living in a foreign contiguous territory, such as Canada or Mexico, and commuting to the U.S. for employment. LPRs can apply for commuter status using Form I-90 if they can prove their residence in Canada or Mexico and employment in the U.S. within six months before filing. Commuter status allows them to enter the U.S. for regular or seasonal work without being considered to have abandoned their LPR status. Seasonal commuters must not be present in the U.S. for more than six months in a 12-month period to maintain their status. If a commuter establishes residence in the U.S., they must use Form I-90 to remove their commuter status, providing evidence of their U.S. address. Commuters who fail to maintain regular employment in the U.S. for more than six months may lose their LPR status unless they can demonstrate that the employment interruption was beyond their control or they worked at least 90 days in the U.S. during the previous 12 months. These regulations are enforced by the United States Citizenship and Immigration Services (USCIS).