If you are a lawful permanent resident of the United States—that is, you have a Green Card—but spend most of your time living in Mexico (for example, residing in Tijuana and commuting daily to San Diego) it’s crucial to understand the rules that could put your immigration status at risk.
Many Green Card holders choose to live near the border for economic or personal reasons. However, establishing your primary home outside the U.S. could be interpreted as abandoning your residency, which may result in permanently losing your card—a costly loss for something many people risk so much to obtain.
To help you understand what you can and cannot do as a lawful permanent resident, we’ve compiled key information based on official guidelines from U.S. immigration authorities.
What Green Card Holders Can and Cannot Do
As the U.S. Citizenship and Immigration Services (USCIS) notes, being a lawful permanent resident comes with important rights, but also several responsibilities that must be taken seriously. Here’s a basic breakdown:
What You Can Do:
- Live permanently in the United States, provided you do not commit actions that could make you deportable under immigration law.
- Work legally in any job in the U.S. for which you are qualified and that is not restricted to U.S. citizens (some positions, particularly those involving national security, may be off-limits).
- Apply for U.S. citizenship after meeting the required residency period (typically five years).
- Travel in and out of the United States, as long as you maintain the intent to reside permanently in the country.
What You Cannot Do:
- Vote in federal, state, or local elections.
- Spend extended periods outside the U.S. without proving your absence was temporary.
- File your taxes as a “nonresident” of the United States.
- Fail to register for the Selective Service (if you are male and between 18 and 25).
- Break U.S. laws, including federal, state, or local statutes, which could lead to deportation.
Can You Lose Your Green Card If You Live in Mexico But Work in the United States?
In an exclusive interview with San Diego Red, Jason A. Givens, spokesperson for U.S. Customs and Border Protection (CBP), addressed the concerns of Green Card holders who live in Mexico but cross the border daily for work.
According to Givens, lawful permanent residents can lose their status if they are found to have intentionally abandoned their U.S. residency.
However, if you live in Mexico but commute regularly to work in the U.S. (as many people in the region do) it is still possible to clarify and formalize this situation.
Givens explained that certain lawful permanent residents are eligible for a special status known as “commuter”, which allows them to reside in Mexico or Canada while working in the U.S.
There are two types of commuter status:
- Daily commuters: Individuals who cross the border regularly for work in the U.S.
- Seasonal commuters: Individuals who enter the U.S. for seasonal work and whose total time in the U.S. does not exceed 6 months during any 12-month period.
To obtain or maintain commuter status, Green Card holders must file Form I-90 (Application to Replace Permanent Resident Card) and indicate their commuter status.
Once approved, their Permanent Resident Card will reflect this designation.
What Constitutes Abandonment of Residency?
Immigration authorities may consider that you’ve abandoned your residency if:
- You move to another country with the intention of living there permanently.
- You stay outside the U.S. for more than six consecutive months, or have repeated prolonged absences.
- You cannot prove that your primary residence is still in the U.S.
- You file your taxes as a “nonimmigrant”.
If border agents believe your real home is outside the United States, they may begin proceedings to revoke your Green Card, especially after a long absence. However, if you must stay outside the country for an extended period, there are ways to safeguard your residency.
How to Protect Your Status If You’ll Be Abroad for Over a Year
Lawful permanent residents planning to be outside the country for one year or more must apply for a Re-entry Permit. This document allows you to return without needing to apply for a Returning Resident Visa (SB-1) at a U.S. consulate.
To apply, visit the Form I-131 page on the USCIS website for more information.
Additional tips to protect your Green Card:
- Apply for the permit before leaving.
- Keep proof of ties to the United States, such as a lease, job, U.S. bank accounts, or school enrollment for your children.
- Avoid long absences without a clear reason or documentation.
Common Reasons Green Card Holders Are Denied Re-entry or Deported
Under U.S. immigration law, there are two main categories under which a Green Card holder may lose their status: inadmissibility (Section 212 of the Immigration and Nationality Act, or INA) and deportability (Section 237 of the INA).
Inadmissibility generally applies to individuals seeking to enter or re-enter the United States, or to adjust their immigration status. However, it can also apply to lawful permanent residents (LPRs) who travel abroad.
Deportability, on the other hand, refers to the grounds upon which someone who has already been lawfully admitted as a permanent resident can be removed from the United States. These grounds may apply even if the individual has not left the country.
Top reasons for inadmissibility and deportability include:
- Serious criminal offenses, including drug trafficking, domestic violence, or multiple convictions.
- Drug-related crimes, even minor ones, often result in removal or re-entry denial.
- Human trafficking and related offenses are treated with zero tolerance.
- Prostitution or related activities, even if in the past, can lead to removal or denial of entry.
- Immigration fraud, such as using false documents or lying on applications.
- Previous immigration violations, such as unlawful presence or re-entry after deportation.
- Terrorism or threats to national security, which result in immediate removal and permanent inadmissibility.
Remember: A permanent residency is not unconditional. Even minor infractions, especially involving fraud or past convictions, can lead to serious consequences. If you have any concerns, seek legal advice before leaving the country.
U.S. Authorities Warn Green Card Holders Living in Mexico
A recent case highlights the risks faced by Green Card holders who live in Mexico. A woman living in Tijuana, despite having lawful permanent resident status in the United States, commuted daily across the border to her part-time job in San Diego.
During one of her routine crossings, American border agents warned her that living in Mexico was incompatible with her immigration status, even though her decision was driven by the high cost of housing in the U.S.
After ignoring the warning and continuing her daily commutes, authorities revoked her SENTRI pass and threatened to strip her of her Green Card.
Faced with this situation, she moved to San Diego and began sharing an apartment with a co-worker, paying $1,200 a month in rent. This allowed her to demonstrate U.S. residency and regain her SENTRI privileges.
Eventually, she had to move back to Mexico after the company she worked for filed for bankruptcy. She applied for U.S. unemployment benefits, but once she finds a new job, she will need to relocate to the United States again to avoid putting her permanent residency at risk.
How Long Does Permanent Residency Last?
Your status as a lawful permanent resident remains valid until you either become a U.S. citizen or lose your status by committing certain violations or voluntarily abandoning your residency.
Potential Impact on Tijuana’s Real Estate Market
In recent years, living in Tijuana and working in California has become a popular choice for many Green Card holders, mainly due to the lower cost of living. This trend has driven high demand in Tijuana’s housing market.
However, with stricter enforcement of U.S. immigration policies, particularly those regarding residency requirements, the local real estate sector could face a significant downturn.
If a large number of Green Card holders are forced to move back to the U.S. to maintain their immigration status, this could lead to widespread vacancies and a potential drop in property values in areas like Playas de Tijuana, Otay, and Zona Centro, where much of the current housing demand is concentrated.
While Tijuana housing options are still being marketed as a practical alternative for those willing to endure longer waits at the border instead of paying sky-high rents, this situation could change rapidly if more residents are pressured to live stateside.
In this context, staying well-informed about the rights, restrictions, and responsibilities tied to permanent residency is essential for those living along the border. Understanding the implications can offer peace of mind and help individuals make smarter decisions regarding housing, employment, and cross-border mobility.
