If you have been issued TN visa status to work inside the United States, your spouse and minor children also qualify to live in the United States with you under TD visa status as your dependents. Your qualifying dependents can obtain TD status at the same time you obtain your TN status, or anytime thereafter. Find out what your dependants need to obtain TD visa status.
Who qualifies for TD visa status?
Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD visa status. While inside the United States in TD visas status dependents are:
- Not permitted to work while in the United States, but they are permitted to study.
- Granted TD status for no longer than the period of time granted to the TN visa status holder.
What documents are required to obtain TD visa status?
The documents required and the method for obtaining TD visa status depend on the country of citizenship.
- Canadian Citizens – A visa is NOT required for Canadian citizens before obtaining TD visa status. TD status can be obtained directly at a CBP Port of Entry or through a pre-flight inspection point. The following documents are required to obtain TD visa status:
- Proof of Canadian citizenship;
- Proof of a spousal or parent-child relationship with the TN visa status holder, such as a marriage certificate for a spouse, and a birth certificate for a child;
- Photocopies of the TN visa holder’s I-94 admission record and passport bio page; and
- Proof that the TN visa holder is maintaining their TN Visa status.
- Mexican Citizens – A visa IS required and must be obtained at a US embassy or consulate. The following is required during the US embassy or consular interview:
- Proof of Mexican citizenship;
- Proof of a spousal or parent-child relationship with the TN visa status holder, such as a marriage certificate for a spouse, and a birth certificate for a child;
- Photocopies of the TN visa holder’s I-94 admission record and passport bio page; and
- Proof that the TN visa holder is maintaining their TN Visa status.
- Not citizens of Canada or Mexico – In most cases, a visa IS required and must be obtained at a US embassy or consulate. The following is required during the US embassy or consular interview:
- Proof of citizenship;
- Proof of a spousal or parent-child relationship with the TN visa status holder, such as a marriage certificate for a spouse, and a birth certificate for a child;
- Photocopies of the TN visa holder’s I-94 admission record and passport bio page; and
- Proof that the TN visa holder is maintaining their TN Visa status.
How do I extend my TD visa status?
A TD visa holder to apply for an extension of stay while remaining inside the United States without the need of traveling by filing Form I-539 with USCIS.
*NOTE: Although an extension of stay will extend your ability to remain inside the United States legally it does not extend the validity of a visa stamp in your passport. Non-Canadian citizens will need to obtain a new visa stamp at a US embassy or consulate after traveling outside the United States in order to return.
Additional Outside Resources
- Form I-539, Application to Extend/Change Nonimmigrant Status
- USCIS TN Nafta Professionals
- DOS Visas for Canadian and Mexican NAFTA Professional Workers
We Can Help!
The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people to live and work in the United States. Contact us today for an assessment of your legal situation.
