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TD Visa for TN Visa Holder's Dependents
What is a TD Visa?
TD visa is a nonimmigrant visa category that is specifically designed for the dependents of TN visa holders. The TD visa is intended for the spouses and unmarried children under the age of 21 of TN visa holders. It allows them to accompany the TN visa holder to the United States and remain with them during their period of authorized employment in the U.S.
Key points about the TD visa include:
- Dependents: TD visas are available to the immediate family members of TN visa holders. This typically includes the spouse and minor children (under 21 years of age) of the principal TN visa holder.
- No Employment Authorization: TD visa holders are not authorized to work in the United States, but they are allowed to study in the U.S.
- Duration: The validity of a TD visa depends on the same period as the principal TN visa holder’s visa. TD visa holders may enter and exit the U.S. as long as the principal TN visa holder’s status is valid.
- Application Process: To obtain a TD visa, dependents should apply at a U.S. embassy or consulate in their home country. They will need to provide documentation to establish the relationship with the TN visa holder and the validity of the TN visa holder’s status. Note that if you are in the US as a visitor, you may be eligible to change your status from B1/B2 to TD by filing form I-539 to the USCIS.
- Separation from Principal TN Holder: If the TN visa holder and their dependents wish to enter the U.S. at different times, the dependents may apply for TD status at a later date as long as the principal TN holder maintains their status.
It’s important for TD visa holders to be aware of the restrictions on employment and to maintain their status while in the United States. They should also be prepared to leave the U.S. when the principal TN visa holder’s status expires or is no longer valid.
What Documents Do I need for a TD Visa?
To apply for a TD visa, which is a dependent visa for family members of TN visa holders, you will typically need to provide specific documents to support your application. Here’s a list of documents that are commonly required for a TD visa application:
- Valid Passport: You and each family member applying for a TD visa must have a valid passport. The passport should be valid for the duration of your intended stay in the United States and have blank pages for visa stamps.
- DS-160 Confirmation Page: Complete the DS-160 Online Nonimmigrant Visa Application form for each family member, including spouses and children. After completing the form, you’ll receive a confirmation page with a barcode for each applicant.
- Visa Application Fee Receipt: Proof of payment for the non-refundable visa application fee for each applicant.
- Marriage or Birth Certificates: Provide marriage certificates for spouses and birth certificates for children to prove the family relationship. These documents should be official and include translations if they are not in English.
- Family Ties Documentation: Evidence demonstrating your family ties and intent to travel together. This could include documentation of shared residency, family photos, and other evidence of familial connections.
- Copy of the Primary Visa Holder’s TN Visa: Include a copy of the TN visa holder’s visa, as it establishes the family relationship and the reason for your TD visa application.
- Copy of the TN Visa Holder’s Job Offer Letter: This document confirms the TN visa holder’s eligibility and purpose for coming to the U.S.
- Documentation of the TN Visa Holder’s Status: Proof of the TN visa holder’s current status, including their employment, visa expiration date, and any other relevant documents.
- Passport-sized Photos: Recent passport-sized photos that meet the U.S. visa photo requirements for each family member applying for a TD visa.
- Visa Interview Appointment Confirmation: If required, bring the appointment confirmation for the visa interview.
It’s important to note that the specific requirements and procedures for TD visa applications may vary depending on your home country and the U.S. embassy or consulate where you apply. Always consult the website of the U.S. embassy or consulate in your home country for the most up-to-date information on visa application requirements and procedures.
Make sure that your application is complete and accurate, and consider consulting with an immigration attorney or legal expert to ensure a smooth application process, especially if you have specific questions or circumstances.
Where Can I Apply for TD Visa?
- Canadians: Canadian citizens can apply for a TD visa ( or TN visa) at:
- (1) a US land border,
- (2) a US Airport,
- (3) USCIS, and (4) the US Consulate in Canada.
- Mexicans: Mexican professionals must obtain a Td visa ( or TN visa) at a U.S. Consulate or Embassy to enter the U.S. Note that Mexicans cannot apply for a TD visa at the land border.
How Can I Change My Status to TD Status?
Changing your status from a B-1/B-2 (visitor for business or pleasure or other non-immigrant status) to a TD (dependent visa for family members of TN visa holders) in the United States is possible, but it’s important to understand the process and meet certain eligibility criteria. Here’s a general outline of the steps you would need to take:
- Eligibility: To change your status to a TD visa, you must be eligible as a dependent family member of a TN visa holder. Typically, this includes spouses and unmarried children under the age of 21.
- File Form I-539: You will need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). On the form, you will need to request a change of status from B-1/B-2 to TD.
- Supporting Documentation: Along with Form I-539, you should include the following supporting documents:
- Copies of your current B-1/B-2 visa and I-94 (Arrival/Departure Record).
- Marriage certificate (if applying as a spouse) or birth certificate (if applying as a child) to establish your relationship with the primary TN visa holder.
- Copy of the primary TN visa holder’s visa (TN visa).
- Documentation showing the primary TN visa holder’s status, such as their job offer letter and current employment information.
- Passport-sized photos that meet U.S. visa photo requirements.
- Filing Fee: Pay the required filing fee for Form I-539. The fee amount can change, so check the USCIS website for the most up-to-date information.
- Explanation Letter: Include a letter explaining the reasons for your change of status request and your intent to be with your family member who is on a TN visa.
- Proof of Sufficient Finances: You may need to provide evidence that you have sufficient financial support to cover your expenses while in the United States, as you will not be authorized to work on a TD visa.
- File on Time: File the Form I-539 well before your current B-1/B-2 status expires to avoid any gaps in your legal status.
- USCIS Processing: USCIS will review your application, and if approved, you will be granted a change of status to TD.
It’s important to keep in mind that changing status within the U.S. can be a complex process, and USCIS may have specific requirements and processing times. Consulting with an immigration attorney or an experienced legal expert is advisable to ensure that your application is complete, accurate, and submitted in a timely manner. Additionally, the ability to change from a B-1/B-2 status to a TD status may depend on your specific circumstances and eligibility, so professional guidance is essential.
How Long Is a TD Visa Valid For?
The TD visa, which is for the dependents of TN visa holders, is typically granted for the same duration as the TN visa held by the principal TN visa holder. The validity of both the TN and TD visas is often determined by the employment period or status of the TN visa holder. Here are some key points:
- Same Duration: TD visas are generally issued with the same expiration date as the principal TN visa holder’s visa. If the principal TN visa holder’s TN status is approved for a certain period, the TD visa holder’s status will typically align with that period.
- Extensions: TD visa holders may apply for extensions of their visa status as long as the principal TN visa holder’s status is extended. Extensions are often granted in increments of up to three years, depending on the continued eligibility of the TN visa holder.
- No Independent Status: TD visa holders do not have independent status or work authorization in the United States. They are dependent on the principal TN visa holder’s status and employment. If the TN visa holder’s status ends or they lose their TN status, the TD visa holders’ status will also end.
It’s important for TD visa holders to be aware of the expiration date on their visa and to leave the United States before that date or apply for an extension if they plan to continue accompanying the principal TN visa holder. Staying in the U.S. beyond the visa’s expiration without obtaining an extension can lead to visa overstay issues, so it’s crucial to maintain legal status at all times.
Important Links for Related Visas
To learn more details about other work visas, refer to the following links.
Immigrant Visas:
Please click the link below to find out more about each type of temporary work visa.
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.