Commuter Green Card for Dependents

[ascb 1]

Hello,

 

I have read, and understand the requirements for obtaining, and maintaining a commuter green card. Assuming I decide to live in Canada and commute to work in the USA, what type of green card will my dependents need to have? There is no documentation I can find that describes this scenario. Kids (minors) and spouse will not maintain employment in USA, so can they continue to live with me in Canada on regular green cards, while I obtain and maintain a commuter green card?

 

Any insights will be greatly appreciated.

 

Thanks.

[aaron2020 11,651]

Your family will not qualify for any green card.

 

2nd link after searching "commuter green card" with Google.  https://www.clarkhill.com/contents/commuter-green-cards.pdf?parent_id=335

[ascb 1]

22 minutes ago, aaron2020 said:

Your family will not qualify for any green card.

 

2nd link after searching "commuter green card" with Google.  https://www.clarkhill.com/contents/commuter-green-cards.pdf?parent_id=335

Thanks. But in this case, let us assume the family and I already have regular green cards, and I am then looking to relocate to Canada by being on commuter status. Does the family need to convert their regular green card into a commuter type (for which they won't qualify since they don't have US employment), or can they just come with me to Canada on their existing regular green cards?

 

I understand from article (and other documentation) that a commuter green card holder cannot petition for dependents to obtain their green cards if they currently don't have one, but that will not be my situation. I expect for all of us to first get regular green cards, and want to keep my option open of being able to relocate back to Canada by maintaining US employment.

[aaron2020 11,651]

8 minutes ago, ascb said:

Thanks. But in this case, let us assume the family and I already have regular green cards, and I am then looking to relocate to Canada by being on commuter status. Does the family need to convert their regular green card into a commuter type (for which they won't qualify since they don't have US employment), or can they just come with me to Canada on their existing regular green cards?

 

I understand from article (and other documentation) that a commuter green card holder cannot petition for dependents to obtain their green cards if they currently don't have one, but that will not be my situation. I expect for all of us to first get regular green cards, and want to keep my option open of being able to relocate back to Canada by maintaining US employment.

Moving to Canada is considered an abandonment of their status.  

If your family wants to keep their US green cards, then they must live in the US.  There is no choice for them to keep their green cards and live in Canada.  

[ascb 1]

22 minutes ago, aaron2020 said:

Moving to Canada is considered an abandonment of their status.  

If your family wants to keep their US green cards, then they must live in the US.  There is no choice for them to keep their green cards and live in Canada.  

Thanks again. So taking this one step further, let us assume my wife and I both get US jobs that allow us to commute from Canada, and we both convert our green cards to commuter status and move to Canada. What about kids? They are minors and cannot be expected to stay in USA without their parents, nor can they be expected to hold US jobs while living in Canada. So question really is - can a minor dependent hold a regular green card and live with commuter green card parents in Canada?

[Boiler 43,563]

So they will be going to school in the US?

[aaron2020 11,651]

15 minutes ago, ascb said:

Thanks again. So taking this one step further, let us assume my wife and I both get US jobs that allow us to commute from Canada, and we both convert our green cards to commuter status and move to Canada. What about kids? They are minors and cannot be expected to stay in USA without their parents, nor can they be expected to hold US jobs while living in Canada. So question really is - can a minor dependent hold a regular green card and live with commuter green card parents in Canada?

Your kids would be abandoning their status.  A minor dependent can not have a regular green card while living in Canada.  

Minors are not expected to stay in the US without their parents.  Parents can make the choice to live in the US with their kids with green cards or live in Canada without green cards.  You wouldn't abandon your kids would you?

 

The INDIVIDUAL (whether you, your wife, or your kids) must meet the conditions to be a commuter green card holder in order to live in Canada.  Your kids can ONLY have green cards by living in the US.  

 

Edited November 26, 2018 by aaron2020

[ascb 1]

8 minutes ago, aaron2020 said:

Your kids would be abandoning their status.  A minor dependent can not have a regular green card while living in Canada.  

Minors are not expected to stay in the US without their parents.  Parents can make the choice to live in the US with their kids with green cards or live in Canada without green cards.  You wouldn't abandon your kids would you?

 

The INDIVIDUAL (whether you, your wife, or your kids) must meet the conditions to be a commuter green card holder in order to live in Canada.  Your kids can ONLY have green cards by living in the US.  

 

That's what I suspected. Thanks for taking the time to read my posts and provide your input, it is much appreciated. I was hoping to have a mechanism I could use to keep everyone's green cards in status, but looks like the easiest would be for us to just relocate to USA.

[ascb 1]

16 minutes ago, Boiler said:

So they will be going to school in the US?

 

16 minutes ago, Boiler said:

So they will be going to school in the US?

No, I was just exploring ways where we wouldn't have to relocate to USA and maintain permanent resident status through the commuter green card. Looks like if you have minor dependents, there isn't a way to be able to do it.