8 C.F.R. § 211.5

Alien commuters

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(a) General. An alien lawfully admitted for permanent residence or a special agricultural worker lawfully admitted for temporary residence under section 210 of the Act may commence or continue to reside in foreign contiguous territory and commute as a special immigrant defined in section 101(a)(27)(A) of the Act to his or her place of employment in the United States. An alien commuter engaged in seasonal work will be presumed to have taken up residence in the United States if he or she is present in this country for more than 6 months, in the aggregate, during any continuous 12-month period. An alien commuter's address report under section 265 of the Act must show his or her actual residence address even though it is not in the United States.

(b) Loss of residence status. An alien commuter who has been out of regular employment in the United States for a continuous period of 6 months shall be deemed to have lost residence status, notwithstanding temporary entries in the interim for other than employment purposes. An exception applies when employment in the United States was interrupted for reasons beyond the individual's control other than lack of a job opportunity or the commuter can demonstrate that he or she has worked 90 days in the United States in the aggregate during the 12-month period preceding the application for admission into the United States. Upon loss of status, the alien's permanent resident card becomes invalid and must be surrendered to an immigration officer.

(c) Eligibility for benefits under the immigration and nationality laws. Until he or she has taken up residence in the United States, an alien commuter cannot satisfy the residence requirements of the naturalization laws and cannot qualify for any benefits under the immigration laws on his or her own behalf or on behalf of his or her relatives other than as specified in paragraph (a) of this section. When an alien commuter takes up residence in the United States, he or she shall no longer be regarded as a commuter. He or she may facilitate proof of having taken up such residence by notifying the Service as soon as possible, preferably at the time of his or her first reentry for that purpose. Application for issuance of a new Permanent Resident Card to show that he or she has taken up residence in the United States shall be made in accordance with 8 CFR 264.5.

[62 FR 10346, Mar. 6, 1997, as amended at 63 FR 70315, Dec. 21, 1998; 76 FR 53786, Aug. 29, 2011]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1981–2021 · leading case: Mark David Johns, Cross v. Dep't of Just. of the United States, Angela MacIas Intervenor-Appellee, Cross, 653 F.2d 884 (5th Cir. 1981).

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Mark David Johns, Cross v. Dep't of Just. of the United States, Angela MacIas Intervenor-Appellee, Cross, 653 F.2d 884 (5th Cir. 1981). · cites it 2× “1401 (a)(3); 8 C.F.R. 211.5. It was neither our order nor our intention that the resolution of these protracted deportation proceedings await Florida court proceedings to determine Cynthia's custody.”

Monssef Cheneau v. Merrick Garland, 997 F.3d 916 (9th Cir. 2021). “In the one example the majority gives, § 1432(a)(5)’s first clause but not the second would apply only to the negligible class of people (1) who are under 18 years old, (2) who do not live in the United States, (3) who happen to regularly commute to the United States for work,…”

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