If you are an employee with TN visa status, your family may be able to join you in the United States by applying for a TD visa. Spouses and unmarried children under the age of 21 are eligible for TD visa status. To qualify, applicants must be able to demonstrate a spousal or parent-child relationship to the principal TN visa employee. If approved, the TD visa holder will be issued an I-94 card for the same period of time as the TN worker’s stay. (This is not the case if the TD applicant’s passport has an expiration date that precedes the TN’s I-94 card expiration date. In this instance, the TD visa holder’s I-94 card will expire on the same date as his or her passport expires.)
The process for applying for TD visas varies based on the citizenship of the TN worker’s dependents. Canadian citizens may obtain TD visa status at a U.S. port-of-entry. This can be done while the TN applicant is applying for his or her TN or it can be done at a later date after the TN visa status is approved.
For non-Canadian citizens, applicants must file for a TD visa stamp at a U.S. Embassy or Consulate before they can seek entry to the U.S. The required documents are generally submitted at a local Application Support Center and the applicant must then must attend an interview at the U.S. Embassy or Consulate. If the application is approved, the individual will get a TD visa stamp on his or her passport. Only then can the TD visa stamp holders seek admission to the U.S. at a U.S. port-of-entry.
For all TD applicants, regardless of citizenship, the following items are required:
- A valid, unexpired passport for all family members;
- A copy of the TN visa worker’s valid I-94 record;
- For spouses, an original marriage certificate; and
- For children, an original birth certificate listing both names of parents.
In addition to those items, non-Canadian citizens will have to file a DS-160 form.
It should also be noted that if the TD applicants are applying separately from the TN worker, it’s a good idea to bring along a recent letter from the TN worker’s employer and/or recent paystubs as proof of the TN worker’s employment.
Spouses and children under TD visa status are not permitted to accept employment in the U.S. However, they are allowed to attend school in the United States on a full-time basis. If a TD dependent wishes to work while in the U.S., a change of status must be sought.
If you are interested in immigrating to the U.S. and would like to explore your options for getting TD Visas, please contact our office to speak with one of our knowledgeable attorneys today!