If you are currently in the United States on a TN visa, you can change your status to another visa classification by filing Form I-539 with US Citizenship and Immigration Services (USCIS). To change your status while in the United States, you must file a request with USCIS before your authorized period of stay expires. We commonly see TN visa holders file to change their status to a visitor visa (B Visa) or dependant visa (TD, H4, L2, etc.). Before filing Form I-539 you should verify that is it the correct Form for your situation.
Am I Eligible to Change Status?
Generally, you may apply to change your TN nonimmigrant status if:
- You are currently in the United States with a TN visa;
- Your TN status remains valid;
- You have not violated the conditions of your TN status; and
- You have not committed any crimes that would make you ineligible.
You can find the date that your TN status expires in the United States expires on your CBP Form I-94, Arrival/Departure Record.
Considerations when changing status from a TN Visa
- You cannot depart the US while the petition is pending with USCIS. If you depart prior to approval your petition will be abandoned and denied.
- If you have dependents you must also file Form I-539A with USCIS to change their status to TD dependant status.
- You may lose your authorization to work by changing your status.