TD – Treaty Dependent NAFTA for Canadians
Are you married to a Canadian citizen who is coming to the U.S. or is already here under a NAFTA-related visa? Alcorn Immigration Law can help you and your children apply for TD visas, enabling you to reunite your family.
The spouses and children of current or prospective TN visa holders may apply for a TD visa with the TN candidate or after that individual has obtained a TN visa.
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between Canada, Mexico, and the U.S. The TN (Treaty National) and TD (Treaty Dependent) visas were born out of NAFTA.
TD visa holders will not be allowed to work, but may attend school. A TD visa will be valid for the same period granted to the primary holder of the TN visa.
Eligibility Requirements
To apply for a TD visa, an individual must be either:
- The spouse of a current or prospective TN visa holder.
- An unmarried child under the age of 21 of a current or prospective TN visa holder.
Application Process
Dependents of current or prospective TN visa holders must obtain TD visas either at the same time the head of household applies for the TN visa or after the head of household becomes a TN visa holder. All dependents of a TN visa holder—except for spouses who are not Canadian citizens—may apply for TD visas at one of 14 points of entry for a TN visa. If a spouse is not a citizen of Mexico, the spouse will need to apply for a TD visa at a U.S. embassy or consulate in Mexico near his or her place of residence.
Each dependent will need to show the following:
- A valid passport.
- If a spouse, the original marriage certificate plus certified translation if not in English.
- If a child, the child’s original birth certificate listing the names of both parents plus certified translation if not in English.
- If seeking TD status separately from the TN visa candidate, a copy of the TN visa holder’s valid I-94 record.
- If seeking TD status separately from the TN visa candidate, a recent letter from the TN visa holder’s employer or a recent pay stub confirming the TN visa holder’s employment.
If a dependent is approved for a TD visa, it will be valid for the same period granted to the holder of the TN visa.
Extension Process
If the TN visa holder applies for an extension of stay in the U.S., any eligible TD family member may also apply to extend their status by filing Form I-539 (Application to Extend/Change Nonimmigrant Status).
Each TD visa will be extended for the same period granted to the holder of the TN visa.
We Can Help
At Alcorn Immigration Law, we help individuals and their families find the best solution to legally come to the U.S., whether temporarily or permanently, to pursue their dreams. If you have any questions, contact us.
MORE INFORMATION
- Fees
- Form I-539 (if filing to extend TD visa): $370
- Related Forms
- Form I-539 (Application to Extend/Change Nonimmigrant Status) if applying to extend TD
- Steps
- Apply at one of 14 approved U.S. points of entry with appropriate documents.
- Initial stay for same period granted to the TN visa holder.
- Unlimited extensions for the same period granted to the TN visa holder.
- Immigrant Intent
- None. At the airport, border, or other port of entry, you will need to satisfy the U.S. government officer that you have a residence in your home country and do not intend to abandon it. You must demonstrate that you are a nonimmigrant—that your visit to the U.S. will end after a specific amount of time.
- Who Qualifies
- The spouse and children under 21 years of age of a TN – Treaty National NAFTA for Canadians
- Period of Stay
- Initial Stay: The same period granted to the TN visa holder.
- Extensions: Unlimited extensions for the same period granted to the TN visa holder.
