Understand the specific requirements for TD visa status before seeking admission with family members at a port of entry. These procedures vary by nationality.
Dependents of TN visa holders are typically admitted in TD visa status by presenting proof of their familial relationship and evidence that the TN visa holder maintains nonimmigrant status.
Dependents
The TN visa is one of the fastest pathways for Canadian and Mexican citizens with job offers to relocate to the United States for work. While the process is simple enough for TN beneficiaries, it’s not necessarily as easy for their dependents to join them. Fortunately, the TD visa provides family members of TN workers with the ability to legally reside in the US while the TN worker is still in TN status.
Spouses and children of TN visa holders can enter the United States as TD (Trade Dependent) visa nonimmigrants provided they can demonstrate that they have a genuine spousal or parent-child relationship with the TN visa holder, have proof of their financial dependence on the TN visa holder, and intend to maintain TD status while in the United States. Dependents should present their visa applications at a CBP port of entry together with the TN’s employment letter and a copy of the TN’s valid Form I-94, as well as copies of the marriage certificate or birth certificates.
Suppose a TN visa holder’s spouse or children are not Canadian citizens. In that case, they must file a TD nonimmigrant visa application at a U.S. embassy or consulate in their country of residence prior to seeking admission at a U.S. port of entry. TD visa applicants must also submit an original marriage or birth certificate plus certified translations and copies of the TN visa worker’s I-94 in order to be admitted to the United States.
TD visa holders are permitted to engage in full-time study, but their studies must be related to the TN visa holder’s field of professional expertise. Unlike F-1 student visa holders, TD visa holders are not considered to be in “advanced degree” program and therefore cannot qualify for the automatic extension of their status based on educational requirements.
Nationality
TD visas are designed to allow spouses and children of TN nonimmigrant workers to join them in the United States. The TD visa allows family members to live in the country, but does not permit them to work. However, they can pursue educational opportunities. The TD visa is valid for the same period of time as the principal TN worker’s status.
Dependents of a TN visa holder can apply for a TD visa at the port of entry or at a designated CBP pre-clearance/pre-flight inspection station. They must present the same documents as the TN worker, including proof of employment. In addition, dependents must have a valid passport and proof of their relationship with the TN visa holder.
Spouses and children of TN visa holders can also apply for a TD visa at a U.S. Embassy or Consulate overseas. They must complete Form DS-160 online and pay the appropriate fee. Then, they must schedule and attend a visa interview with a consular officer. The officer will review the TD visa application to ensure that it meets all requirements.
It is important to note that if a TD visa holder changes their visa status, the change will impact their dependents as well. For example, if the TN visa holder switches to another work visa such as an H-1B or L-1, their dependents will no longer be eligible for a TD visa.
TD visa applicants should consult with experienced immigration attorneys to ensure that they meet all the requirements. They should also plan ahead to allow enough time for visa interviews and processing times. If you have any questions, contact Los Angeles family visa expert Kate L. Raynor to discuss your situation.
Requirements
TD visa status is intended to keep families from Canada and Mexico together when one spouse or child has to travel to the United States for work. To obtain this status, family members must show that they can support themselves while they are in the U.S. This can be done by showing proof of income or assets. TD visas are not meant to be permanent, and family members must plan to return to their home country when their status expires or is terminated.
The first step to obtaining a TD visa is to speak with a lawyer who can help you complete the necessary paperwork. Once your application is ready, you must submit it to the appropriate consulate or embassy. The necessary documents include a copy of your previous visa stamp (if applicable), proof of relationship to the TN visa holder, and financial documentation.
You will also need to pay the necessary fees for your TD visa. The filing fee for Canadian citizens is $6, and the filing fee for non-Canadian citizens is $160. Once your application is approved, you will receive a TD visa stamp in your passport.
TD visa holders are permitted to work while they are in the United States, and they can change jobs if necessary. However, they are not allowed to take any classes that will lead to a degree. In addition, TD visa holders cannot apply for permanent residency in the United States.
Fees
As with the TN visa, family members of the TD nonimmigrant can accompany and join the NAFTA professional worker in the United States. They are permitted to live in the country but are not allowed to work, though they can pursue educational opportunities. Their TD status directly reflects the validity of the TN visa holder’s visa.
In order to gain entry into the country, family members must present all of the same documentation that the TN visa holder does. Additionally, family members must pay the appropriate fees as determined by USCIS. These include the filing fee for form I-539 and a biometric service fee. The fees vary by nationality, so individuals should check with the U.S. Embassy or Consulate in their home country for more information.
For Canadian citizens, the fees for TD applications are waived. However, they must complete the same application as those who are not Canadian and must submit their documents at a port of entry.
At the point of entry, a Customs and Border Protection (CBP) officer will review all documentation to verify that the TD applicant is eligible for admission into the United States. If the officer is satisfied with the documentation, he or she will issue a TD visa for the family member.
TD visas for family members of TN visa holders are valid for up to three years, and they may be extended in one-year increments. To extend their TD status, a spouse or child must file a form I-539. It is important to note that this process does not renew the visa stamp in the family member’s passport, so they will need to apply for a new TD visa after they leave the United States.
Documentation
The nonimmigrant spouses and children of TN visa holders who are Canadian citizens will not need to obtain a visa. However, they will need to gather and submit the necessary documentation. In addition, they must electronically file form DS-160 online and pay the associated fee through the Department of State website.
Family members of TN visa holders can enter the United States at any port of entry if they can present proof of their relationship to the TN visa holder, along with their own passport and any other travel documents required for this type of entry. They must also demonstrate that they are maintaining status in the United States by presenting documentation such as paystubs or recent letters from their employer.
As a general rule, TD visas issued for family members of TN nonimmigrants are valid for the same period as that of the TN visa holder. Unlike work visas, the TD nonimmigrant visa is not tied to a particular employer. This means that if the TN visa holder changes jobs, the family members will need to change their status, too.
While they cannot engage in work activities, TD visa holders can enjoy educational opportunities by attending school or a university, which is a benefit that is not available to people on F-1 student visas. However, they must make sure their status aligns with that of the TN visa holder, since any breaks in the continuity of status could jeopardize their ability to continue working or study.
The team of family visa attorneys at Raynor and Associates can help with the process of obtaining a TD visa for a loved one. They can review the requirements and provide expert advice on how to prepare the necessary documentation.
