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Petitioning for commuter's family member

Westland, MI |

I am US commuter resident leaving in Canada and commuting to work in US on daily basis. I've been commuter since 04/2001. In 06/2001, I got married with my wife and we have three kids together.
Now, I would like to move to US and get permanent residency in US. What is the procedure to bring my family in US and get green cards for them? I would not like to be away from my family for an extended period of time. Please let me know what are my options? Thanks!

Originally I was admitted in US in 10/1999 with DV2 class of admission.

Attorney Answers 3


There are several different possibilities for your family to join you in the U.S. It would depend in part on how you obtained permanent resident status.

The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.

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I obtained my status with DV2

Russell Reid Abrutyn

Russell Reid Abrutyn


You should speak with an immigration attorney to develop a strategy for you and your family and being laying the groundwork for them to join you in the U.S.


Same way like everyone else, you petition her, wait about 4 years and she will get her LPR status - this is a good illustration of why doing it the way you did is not a very good idea had you been USC, she would have been your immediate family member and the time wait could have been under a year

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Your facts are a bit confusing.

Are you a Canadian Citizen that has US Resident status (obtained via the Diversity Visa program) with a commuter endorsement?

Talk to an immigration lawyer, showing him/her your documents ... the process of relinquishing your commuter status might be relatively easy.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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1 comment

F. J. Capriotti III

F. J. Capriotti III


Upon re-reading your question, in addition to having your commuter status 'removed' you may want to 'petition' for your family ... this will take a few years since you're not a US citizen. Again, an attorney can help you streamline the process.

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