deltadeliquent

I'm Canadian, and American; my husband has his Canadian PR. We live near the border of the US.
There is some chance he will be doing some work in Seattle for a UK subsidiary of a US company. He will be paid in Pounds into to a UK account by the UK part of the company.
Is this a problem in terms of working in the US without a permit?
What does he need to do or have at the border so as to not have problems?

Can I get him a green card even though we do not live in the US?

Noorah101

I don't know about the work visa part, but no he can't get a green card unless he lives in the USA.

Rene

ian-mstm

Yes. He must have employment authorization to work in the US... regardless of who pays or where the money goes. If he's in the US when he's doing the work, he must have permission from US immigration.


He's not allowed to work in the US based solely on him being a Canadian PR and living near the border. If the company was willing to sponsor him for a visa, that might work - but that's going to take time... and he can't apply for the visa himself independently of the company. They must start the process on his behalf.


No.

Ian

tht

did they get rid of the commuter green card?

S Folinsky

OP has posed extremely sophisticated questions. In fact, there are ones that most immigration attorneys are not really knowledgeable on. The two lead cases are

Matter of Kane and Matter of Huang.

There exists the possibility of a "B-1" visa or VISA waiver.

There are knowledgable immigration attorneys on the border who probably are up on these issues. I can think of several who are in Bellingham/Blaine area and in Buffalo.

Again, these issues are sophisticated and are NOT really subject to lay opinions. Also, advance planning and preperation is a good idea.

deltadeliquent

I've never even heard of a commuter green card,but it seems to still be out there. Thank you so much, we are going to hire a lawyer and look into it.
I knew you guys would know...

ian-mstm

The CGC is for US PR's who wish to live in Canada or Mexico without losing their PR status. It is not for Canadian PR's who wish to work in the US.

Ian

Noorah101

I've never heard of a commuter green card, but I'm not s lawyer.

Rene

tht

right, so if the USC OP gets her husband a GC based on them being married he will have a US GC, they can live in Canada and he can work in the US. It might be 2 step, where they would have to live in the US first and then convert it to a CGC when they move back to Canada.

Noorah101

But they have to live in the USA in order for him to get the green card in the first place. Are they willing to move to the USA just for that? She can't "get him a green card" from outside the USA.

Rene

ian-mstm

It'd be 8-10 months before the husband can move to the US to become a PR, and they would then need to live in the US... and then he could apply for a CGC and they could move back to Canada. But yes, that's doable. Stupid, IMHO, but doable.

Ian

tht

Probably true, especially from a tax perspective, but it may work for some people.

I only ever researched it in terms of living in the US and commuting to Europe on a weekly basis, but it was not applicable for that.

ian-mstm

<rant>

With respect, we lay persons are as entitled to our opinions as you are! If you don't like what we write, just say so. Don't shroud it within your cryptic posts which, more and more, seem to equate "lay" with "ignorant" and "stupid". We, at least, are trying to help. Of late, you seem to prefer to dismiss what we say - and using the term "lay" probably makes you feel like it isn't some sort of insult. After all, it's the truth... how can that possibly be insulting? If only the opinion of a lawyer has value, then the rest of us might as well pack up and go home... and you can respond as cryptically as ever to those posts you find worthy of comment, and not need to worry that lay people are getting in your way.

</rant>

Ian

Aviator

... but then even a someone who believes they know the answer is entitled to an opinion. Hopefully anyone coming on here realises this is an open forum full of know-alls. Takes what they find here and does their own due diligence before making a decision.

ian-mstm

True... but if I believe someone is wrong, I come right out and say so. Indeed, I've often poked fun at people for their naïveté. But I don't mince my words, nor shield them in language that suggests that my opinion is the only one that's worthy. Everyone here who knows me for more than 5 minutes, knows that I can be brutal when it comes to speaking my mind... brutally honest, I hope - but brutal nevertheless. I have rarely suggested that the opinions of other members are unworthy - and in those rare occasions, I direct my comments directly at the person... not to some nebulous, unnamed persons in general.

Ian