A person who seeks alien commuter status must first follow normal immigration procedure to be accorded status as an “immigrant” to the United States. He or she must apply for an immigrant visa and a green card. The application can be processed either through the USCIS or by a U.S. Consulate or Embassy abroad. Initially, in either case the person’s passport typically will be stamped to reflect normal immigrant status, that is, without reflecting alien commuter status, and the green card will be sent to the person later after it is processed.
When the person enters the United States for the first time as an immigrant, he or she informs the U.S. Customs and Border Protection (CBP) immigration officer at the border crossing or airport that he or she intends to live in Canada or Mexico and to maintain status as an alien commuter. The CBP will have the person complete a Form I-178 every six months and provide evidence of regular employment in the United States. The green card will be annotated to reflect alien commuter status. A person already granted permanent resident status may apply for commuter status by filing a Form I-90 Application to Replace Permanent Resident Card, and indicating “I am a permanent resident who is taking up commuter status.” The form may be filed online. The applicant will need to be present in the United States for a biometrics appointment to process fingerprints and photographs. Once granted commuter status, the individual will receive a replacement green card with the code “C2” for commuter. Every six months, the commuter must appear at a port-of-entry to complete a form I-178 to CBP, and provide proof of both continuous employment in the United States, and residence in Canada or Mexico.
Switching to “Regular” Permanent Resident Status
An alien commuter who takes up residence in the United States is no longer regarded as a commuter. After deciding to reside in the United States, the person should file a new Form I-90 indicating, “I am a commuter who is taking up residence in the U.S.”