[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR211.5]



[Page 184-185]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 211_DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS--Table of Contents

 

Sec. 211.5  Alien commuters.



    (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, Form I-551 or I-688 shall become 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



[[Page 185]]



United States shall be made on Form I-90.



[62 FR 10346, Mar. 6, 1997, as amended at 63 FR 70315, Dec. 21, 1998]