TD Dependents (Family of NAFTA Professional)

Immediate family members (spouse and unmarried children under the age of 21) of the TN principal can be admitted to the U.S. as TD dependents. Family members may apply for the TD non-immigrant status together with the TN principal or separately at a later time. The validity of the TD non-immigrant status and benefits are contingent upon the validity of the TN principal’s status.

TD Dependent Status vs. Business/Tourist Status for Family Members

Family members may choose to enter the US as Business (B-1) or Tourist (B-2) visitors if their stay is 6 months or less. It is recommended that they apply for the TD dependent status if the planned stay is 6 months or longer.

Applying from outside the U.S.

Family members will follow the same application procedure as the TN principal:

In addition, each family member will be required to provide the following documents:

  • Proof of relationship to the TN principal
    • Marriage certificate for spouse
    • Birth certificate for children under the age of 21
  • Photocopies of the TN principal’s approval documents

Family members of Canadian citizens are exempt from the visa requirement and may seek admission to the U.S. as TD non-immigrant directly with the Department of Homeland Security at any designated U.S. Port of Entry location.

Mexican citizens are required to obtain a travel visa from a U.S. Consulate/Embassy office before seeking admission to the U.S. as a TD non-immigrant. Applicants are required to make an appointment for a visa interview with a U.S. Consular Officer at a U.S. Embassy/Consulate office in Mexico.

Dependents Applying from Inside the U.S.

Family members who are currently inside the U.S. and are eligible may request for a change of status to or extend their TD non-immigrant status by filing the I-539 Petition to Extend/Change Nonimmigrant Status.

The I-539 petition can filed together with the employer’s TN petition request or separately by including photocopies of the TN principal’s approval documents.

Maintaining Lawful Status in the U.S. and Travel

The family member’s TD non-immigrant status is considered an extension of the TN principal’s legal status in the U.S. and therefore will depend on the TN principal for maintaining legal status in the US.

Travel

Family members are permitted to travel together or separately from the TN principal. TD dependents are granted multiple entries to the US during the TN validity period.

If the TD validity period is expired at the time of re-entry, the TN non-immigrant will be required to renew his or her status at the U.S. Port of Entry (Canadian citizens) or at a U.S. Consulate/Embassy office (Mexican citizens) with the required documents and new fee payment.

Family members should travel with their own TD documents as well as a copy of the TN principal’s approval documents and proof of relationship.