TD Visa: Dependents of TN Professionals
For Canadian and Mexican professionals working in the U.S. on a TN visa, bringing their family is a top priority. The TD visa makes this possible, allowing spouses and children to live together in the United States. While the process is generally straightforward, it requires careful documentation and an understanding of the rules. At The Law Offices of Luke Bowman (LBL), we provide clear, practical guidance to help families of TN professionals navigate the TD visa process with confidence.
Let us help you keep your family together during your time in the U.S.
Overview: What Is a TD Visa?
The TD visa is a nonimmigrant classification for the spouse and unmarried children (under 21) of a principal TN visa holder. Its sole purpose is to allow the immediate family to accompany the TN professional to the United States.
Crucially, a person’s TD status is directly tied to the principal TN holder. This means the TD visa holder’s period of authorized stay is the same as the TN professional’s, and if the TN holder’s status ends, so does the dependent’s.
Eligibility Requirements
To qualify for a TD visa, an applicant must demonstrate two key things:
- Valid TN Status of the Principal: The primary applicant must be in the U.S. in valid TN status or be applying for TN status at the same time.
- Proof of Family Relationship: The applicant must prove their relationship to the TN professional with official documents, such as a government-issued marriage certificate for a spouse or a birth certificate for a child.
The application process differs slightly by nationality. Canadian citizens can typically apply directly at the border, while Mexican citizens must apply for a TD visa stamp at a U.S. consulate before traveling.
What TD Visa Holders Can Do
While in the U.S. on a valid TD visa, a dependent can:
Live in the United States
Reside legally with the TN professional.
Study
Enroll in school full-time or part-time, from elementary school to university. In most cases, a TD holder does not need to change their status to an F-1 student visa to study.
Travel
Travel in and out of the U.S. as long as they have a valid passport, a valid TD visa stamp (if applicable), and the principal TN holder maintains their status.
What TD Visa Holders Cannot Do
The most significant limitation of the TD visa is the prohibition on employment.
No Employment Authorization
TD visa holders are not eligible to work in the United States. There is no process to apply for an Employment Authorization Document (EAD) based on TD status.
Derivative Status
The TD visa is entirely dependent on the principal’s TN status. Any unauthorized work is a serious violation of status that can jeopardize the dependent’s and the principal’s ability to remain in the U.S.
Application Paths
There are several ways to obtain and maintain TD status:
For Canadian Citizens
Most Canadians apply for TD status upon entry to the U.S. at a Class A port of entry or pre-clearance facility, presenting their documentation to a U.S. Customs and Border Protection (CBP) officer.
For Mexican Citizens
Mexican citizens must apply for a TD visa stamp at a U.S. embassy or consulate in Mexico before traveling to the U.S.
Change of Status
Individuals already in the U.S. in another valid status (like B-2 visitor) can apply to change to TD status by filing Form I-539 with USCIS.
Extensions
TD status must be extended along with the TN professional’s status. This can be done by filing Form I-539 with USCIS or, for Canadians, by exiting and re-entering the U.S. with updated documentation.
Required Documentation
A well-prepared application package is essential. Examples of required documents include:
- Proof of the principal’s valid TN status (e.g., I-94 record, I-797 approval notice, original employer letter).
- A valid marriage certificate for a spouse or birth certificate for a child.
- Proof of citizenship for the dependent (e.g., Canadian or Mexican passport).
- Valid passports for each applicant.
- Proof of the TN professional’s ongoing employment may also be requested.
Common Issues for TD Families
We ensure your family’s immigration status is secure so you can focus on your life in the U.S.
Insufficient Relationship Documents
Presenting documents that are not government-issued (e.g., religious marriage certificates) or failing to provide certified translations can lead to a denial.
Complications During TN Job Changes
When the TN professional changes employers, the dependent’s TD status must also be extended to match the new employment period.
Mismatched Expiration Dates
Errors on I-94 records can create different expiration dates for family members, leading to confusion and potential status violations.
Travel During Pending Extensions
If you file an I-539 to extend status and then travel abroad, USCIS will consider the application abandoned.
How Our Firm Helps
We ensure your family’s immigration status is secure so you can focus on your life in the U.S.
Document Verification
We confirm you have the correct proof of relationship and that all documents meet government standards.
Application Packet Preparation
We prepare comprehensive packets for border applications, consular interviews, and USCIS filings
Coordinated Timelines
We synchronize the family’s TD extensions with the principal’s TN renewals to prevent gaps in status.
Support for Complex Scenarios
We provide expert guidance for situations involving prior marriages, name changes, adoptions, and stepchildren.
Frequently Asked Questions
Can a TD visa holder obtain a work permit in the United States?
No. TD status does not provide employment authorization, and there is no Employment Authorization Document (EAD) category available solely through TD status. Individuals who wish to work generally need to qualify for their own independent employment-based immigration status.
What happens if the TN professional changes employers?
The dependent’s TD status remains tied to the principal TN holder’s valid immigration status. If the TN professional changes employers, the family’s immigration documents and expiration dates should be reviewed to ensure continued compliance and avoid status issues.
Can a spouse or child change from TD status to another visa category?
Yes. Depending on eligibility, a TD dependent may be able to apply for another immigration classification, such as F-1 student status, H-1B employment status, TN status, or another qualifying category. The appropriate strategy depends on the individual’s goals and qualifications.
How early should we file for a TD extension?
Many families choose to begin preparing extension filings several months before the current status expires. Early planning can help reduce the risk of gaps in status and provide additional flexibility if government processing delays occur.
Can a TD dependent volunteer while living in the United States?
Possibly. Genuine volunteer activities for charitable or nonprofit organizations may be permissible in certain situations. However, activities that resemble employment or would normally be performed by a paid worker should be carefully evaluated before participation.
Can TD children attend college or university in the United States?
Yes. TD children may generally attend colleges, universities, and other educational institutions while maintaining valid dependent status. Some students later choose to transition to F-1 status depending on their academic and long-term plans.
Does a divorce affect TD immigration status?
Potentially. Because TD eligibility is based on the qualifying relationship to the TN professional, divorce may affect a spouse’s ability to maintain TD status. Individuals facing family changes should review their immigration options as early as possible.
What happens when a child turns 21?
TD status is generally available only to unmarried children under 21 years of age. As a child approaches this age limit, alternative immigration options may need to be explored to maintain lawful status in the United States.
Can TD dependents travel internationally while an extension application is pending?
International travel may affect a pending extension request depending on the circumstances and filing strategy. Families should review travel plans carefully before departing the United States to avoid unintended immigration consequences.
What are the most common problems TD families encounter?
Common issues include missing relationship documents, inconsistent expiration dates between family members, travel complications during pending applications, confusion regarding work restrictions, and status concerns when the principal TN holder changes employers or immigration status.
Ensure Your Family Stays Together
Don’t let paperwork or complex rules create uncertainty for your family. Contact LBL for expert assistance with all your TD visa needs.
Contact us today to schedule a consultation.
Call: (810) 522-5405
Email: [email protected]