Can I apply for NEXUS if my green card is expired but my case (through marriage) is pending and I have an extension that allows me to work and travel in/out the USA until the end of 2018?
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1What case is pending? Is it the removal of the conditions of conditional permanent residence?– phoogAug 16, 2018 at 16:20
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yes, I-751. And what if my case would be denied eventually (after I get my Nexus), will I still be able to travel to Canada using NEXUS?– Sabi GAug 16, 2018 at 16:40
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1Since you would have qualified for NEXUS as a permanent resident, I expect that the loss of permanent resident status would invalidate your NEXUS membership.– phoogAug 16, 2018 at 17:01
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1@phoog Indeed, (s)he'd have to disclose this to a NEXUS enrolment centre and would likely have NEXUS cancelled.– Jim MacKenzieAug 16, 2018 at 17:19
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1 Answer
According to this US government website, you need to be a lawful permanent resident of Canada or the U.S. (or a citizen of either country; or of Mexico, if you participate in Mexico's trusted traveler program), so your eligibility for NEXUS is going to hinge on whether, at this time, you are a permanent resident or not. My understanding is that it is merely your evidence of permanent residence that has expired, not your permanent resident status itself.
If indeed you are legally a permanent resident now, apply. If not, wait until you are.
In case you aren't a permanent resident, if you happen to be a Mexican citizen and want to fast-track this, join the Mexican trusted traveler program and then you will qualify for NEXUS irrespective of your residency status in the U.S.
answered Aug 16, 2018 at 16:39
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I am still a permanent resident even though my case is pending now, but I've been traveling from US to Canada three times already with no problems.– Sabi GAug 16, 2018 at 16:44
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Technically permanent residency does not expire although the card does expire. The card is merely evidence of your permanent residency, just like a passport is evidence of citizenship. In his case he is a Conditioinal Permanent Resident and since he filed to extend his status before it expired, he remains a Permanent Resident. You can modify your answer accordingly. Aug 16, 2018 at 17:38