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Commuter Status Option for Green Card Holders | Protect Your Residency

Discover the Commuter Status option for Green Card holders living in Tijuana, allowing them to work in the United States without risking their permanent resident status. Learn about the qualifications, advantages, and disadvantages of this legal option.

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Commuter Status Option for Green Card Holders | Protect Your Residency

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  1. Commuter Status Option For Current Legal Permanent Residents (Green Card Holders) September 2017

  2. Current Situation • Legal Permanent Residents (Green Card holders) must live in the United States in order for their status to be valid. • Legal Permanent Residents who live in Tijuana face a daily concern of inadmissibility into the U.S. • History and pattern of crossing puts them “out of status” for the purpose of obtaining U.S. citizenship.

  3. Option • There is a legal option that will allow Legal Permanent Residents to live in Tijuana and work in the United States without risking the loss of permanent residence. It is called the Commuter Status. • Once you obtain the Commuter option, you will be able to apply for a SENTRI card.

  4. Commuter Card A Green Card for a Permanent Resident in Commuter Status looks almost identical to a standard green card. However, the Commuter Green Card will carry a different code. On the front of most green cards, C1 is for a regular permanent resident and C2 is for a permanent resident in Commuter Status.

  5. Becoming a Commuter • To qualify as a Commuter, the person must have regular and stable employment in the United States. • Apply for a modified Permanent Residence Card on Form I-90 which will reflect commuter status (C2). • Paystubs within the last 6 months. • Government filing fee of $540. • Card must be picked up at designated U.S. Port of Entry. • Submit Form I-178 to CBP every six months along with proof of regular employment.

  6. Advantages of Commuter Status • Allows individual to protect permanent resident status without maintaining a residence in the United States. • Reduces inquiries at the Port of Entry. • Allows a Commuter to submit an accurate SENTRI application. SENTRI pass allows for 15-30 minute wait times rather than the 2-4 hours for Ready and All Traffic Lanes. • Allows the individual to continue to accumulate required employment credits which are required for Social Security benefits eligibility. • 40 quarters of employment in the United States.

  7. Disadvantages of Commuter Status • Not eligible for Naturalization • Cannot meet physical presence requirements. • Not eligible to petition immigration benefits for relatives. • If a Commuter is out of regular employment for 6 months, automatically loses Permanent Resident status • Exceptions: • Circumstances beyond Commuter’s control (e.g., illness) or • Proof of 90 days of cumulative employment in the last 12 months.

  8. How to Return to Permanent Resident Status • File new I-90 form to replace Commuter (C2) card with Permanent Resident Card (C1). • Submit evidence of residence in the United States. • Pay fee of $540. • New card will be mailed to address in the United States.

  9. Financial Considerations • Fee Waiver possibility according to income level: • Employer subsidy possibility for $540 fee or for SENTRI application. 1 person household: $18,090 2 person household: $24,360 3 person household: $30,630 4 person household: $36,900 5 person household: $43,170 6 person household: $49,440 7 person household: $55,710

  10. Qualifications for Benefits Commuter Status does not in and of itself prevent a person from accessing social service benefits in the United States. • Social Security: the location of one’s physical residence does not have any bearing on receiving benefits. • US Drivers’ License: California allows unauthorized immigrants to apply for a driver's license, so people beyond this status will be able to have it. • MedicAid: May have to wait 5 years after receiving "qualified" immigration status before getting Medicaid coverage. There are exceptions. However, you may not need this since your company is already offering you health insurance policies.

  11. Qualifications for Benefits • MediCare: by definition, this program is for people who are no longer working (retirees). • MediCal: Permanent Residents, whether registered as Commuters or not, living in Mexico, are not eligible for MediCal because they do not reside in California.

  12. Frequently Asked Questions • When does one renew the Commuter Card? • Every 10 years. • What is the cost to renew? • Whatever the rate is at the time. • How long does it take to get the Commuter Card? • 1 to 2 months. • Can employers support the application process with CBP? • It will depend on the employer.

  13. Next Steps • Please let us know if you are interested by signing up. • We will get back to you with more information.

  14. Thank you

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