NEXUS for non-North American citizen?

[BBCC 16]

My wife (Taiwan passport), sporting a brand newly activated CR-1, is now curious whether she might qualify at some point in the future for a NEXUS card and when. According to the NEXUS CBP web site, permanent residents are also allowed into the program given they meet all necessary prerequisites.

She has resided continuously in Canada for four years with temporary study/work permits. Will this satisfy the three year residency requirement?

The NEXUS web site states:

"However, individuals may not qualify if they...

Will not lawfully reside in either Canada or the United States for the term of their NEXUS membership;"

Does this mean that a CR-1, presumably with an initial term of two years, would disqualify her from obtaining a NEXUS card since the NEXUS card is valid for five years? She would certainly qualify once conditions are removed (I-751) but is they any way for her to qualify prior to that time?

[Darnell 8,478]

i say apply, see what happens. The most that would fail is that the application is denied.

[configuration 2]

It is definitely worth applying. I got my Nexus while I was still a Canadian PR, and was not a citizen or resident of the US. Technically, even PR status is not forever, since it needs to be renewed every 5 years. But I had no problem getting Nexus.

Your wife's case is a bit different, because she only has the right to live in the US for the next 2 years. But I think it is totally worth applying.

[BBCC 16]

Her temp I-551 in her passport expires in six months so I'm thinking we'll wait until the card arrives in a few weeks and try then.

[BBCC 16]

We applied for NEXUS and Global entry on 21 May. Our status on GOES is still "Pending Review."

Our circumstances are a little different than most as her passport is not US or Canadian. She has been a resident of Canada for four years prior to entering the US in February with a conditional green card. We are curious whether her four years of residence in Canada will qualify the three year residency requirement. Nowhere on the CBP or CBSA web sites concerning NEXUS clarify this. But not matter. Since her US Green Card expires in February 2014, we suspect she may be denied since her permanent residence permit is not valid for the full five years of the NEXUS. So we are wondering if they might grant a NEXUS card for the current term of her green card.

NEXUS does not require Canadian or US Citizenship... just the right to remain in either country for the term of the card and a three year residency.

If we lose out on the NEXUS, it does not appear that Global Entry has the past residency and right to remain requirements of NEXUS. So we are also curious whether she might still qualify for Global Entry should she be denied NEXUS.

We shall see....

[BBCC 16]

So just wanted to update this.

Note that the 3-year residency requirement for NEXUS was eliminated this month. This is no longer necessary.

We were told earlier in the year by telephone with an application center that she would not qualify for NEXUS but this may have merely been due to the residency requirement or misinformation.

She received conditional approval seven weeks after submitting her application, then proceeded to an interview this week. The 2-year term on her conditional green card status (CR-1), cited in her application, was not brought up by the interviewing officers. Her application was approved.

[Kathryn41 3,205]

Congratulations. That will make it easier for her to visit Canada. I'm sure she has many reasons to want to go back and visit having lived there for 4 years. Thanks for the update.

[VeeNDee 44]

Thanks for the update on the NEXUS application! It's good to know you were approved - I would also like to get Nexus to visit my family somewhat regularly (or at least easier without lineups) since they aren't that far away from where I will be living. Once the K1 goes through, I'll apply for AOS and I'm guessing I probably can't apply for Nexus itself until I have the conditional green card. Hopefully that won't be too long

[BBCC 16]

Thanks for the update on the NEXUS application! It's good to know you were approved - I would also like to get Nexus to visit my family somewhat regularly (or at least easier without lineups) since they aren't that far away from where I will be living. Once the K1 goes through, I'll apply for AOS and I'm guessing I probably can't apply for Nexus itself until I have the conditional green card. Hopefully that won't be too long

That might be the next criteria to test. I think all they want is a right to remain in either country for the duration of the card yet her two year conditional green card with now less than 2 years on it was enough to obtain a five year NEXUS card.

Now I wonder if a non-permanent right to remain is enough to obtain one?