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TD Visa Explained: What It Is, Who Qualifies, and How to Apply

The NAFTA TD visa is a nonimmigrant visa created by the North American Free Trade Agreement (now the United States-Mexico-Canada Agreement) that allows the dependents of TN visa holders to enter and live in the US. That is, the TD visa allows eligible dependents of TN visa holders to join them in the U.S.

Thus, TD status is tied to the primary TN holder’s status. TD visa dependents cannot remain in the United States independently of the TN professional. If the TN holder’s status expires or is revoked, the TD status ends automatically. 

While the TN TD visa allows TN dependents to live in the US, it comes with restrictions on employment. And similar to the TN visa, the TD visa application process differs for Canadians and Mexicans. Canadians can apply for it directly at the border or an airport preclearance center when entering the U.S., but Mexicans must obtain a TD visa stamp at a U.S. consulate in Mexico before entering the U.S.

Ever wondered whether spouses and children of TN professionals from Canada and Mexico can join them in the United States? Yes, they can, using the TD visa.

If your spouse or parent lives in the U.S. on a TN visa, this TD visa guide will show exactly how you can join them under TD dependent status. Specifically, the guide covers what the TD visa is, who qualifies for it, what documents are required, how to apply for it, and how to maintain or renew TD status. It also covers what you can and cannot do on a TD visa, including important rules on work restrictions, study permissions, and Social Security number eligibility.

If you want to approach the border or consulate with clarity and peace of mind when applying, TN Visa Expert can review your TD application packet to ensure everything is complete and properly prepared. 

Who Qualifies for TD Status?

Not all dependents of TN visa holders qualify for TD status. Only two categories of dependents qualify:

  • The legally married spouse of the TN holder
  • Unmarried children of the TN visa holder who are under 21 years of age 

This means that common-law partners of TN visa holders do not qualify for TD status, nor do children who are 21 years old or older or who are married.

Note that same-sex spouses are treated the same way as opposite-sex spouses under the TD visa US immigration laws, which means they also qualify for TD status. Also, stepchildren and adopted children are treated the same way as biological children and will qualify for TD visa status (provided the relationship meets legal standards).

However, since TD status is tied to TN status, a nationality requirement also applies. That is, if the TN professional is Canadian, their dependents seeking TD status must also be Canadian. And if the TN holder is a Mexican, their TD-seeking dependents must be Mexicans.

Spouse Eligibility Requirements

To qualify as a TD spouse, an individual must be legally married to the TN visa holder. Common law relationships recognized in Canada do not satisfy TD requirements.

US immigration officers typically require proof of a valid marriage, such as a marriage certificate issued by a recognized civil authority. They may also request supporting evidence that the marriage is real, such as joint financial accounts and proof of shared residence (e.g., a shared lease or mortgage document).

Child Eligibility Requirements

Children of TN visa holders qualify for TD status only if they are under 21 and unmarried at the time of application and entry. This includes both stepchildren and adopted children, provided the parent-child relationship meets legal standards.

The age and unmarried requirements are critical to TD children. Once a child turns 21 or gets married, they lose TD eligibility. If they’re outside the US when that happens, they cannot enter with TD status. And if they’re in the US, they must depart or change to another lawful immigration status to remain in the country.

TD Visa Requirements and Documentation

The core documents that a TN professional’s dependents need to apply for TD status are:

  • A valid passport
  • Proof of relationship to the TN visa holder
  • Evidence of the TN visa holder’s valid status (such as their current I-94 card)
  • Evidence of the TN visa holder’s ongoing TN employment (such as an employment verification letter or recent pay statements)

Note that all documents not in English must be accompanied by certified English translations.

Document Checklist by Applicant Type

Below is a document checklist by TD applicant type

TD SpouseTD Child
Valid passportMarriage certificateCopy of TN holder’s current I-94 (arrival/ departure record)Proof of ongoing TN employmentValid passportBirth certificateAdoption papers or step-child documentation (if applicable)Evidence of unmarried statusCopy of the TN holder’s I-94Proof of ongoing TN employment

How to Apply for TD Status

There are two main ways to apply for a TD visa, depending on citizenship:

  • At a U.S. border (for Canadians)
  • At a U.S. consulate (for Mexicans)

Application at the U.S. Border (Canadians)

Canadian TD applicants can apply for TD status at a U.S. port of entry (or a preclearance center at an airport) when entering the U.S. They do not need to apply to U.S. immigration or obtain a visa stamp in their passport.

Here’s how the process works:

  • Travel to a US port of entry with TD application documentation
  • Inform Customs and Border Protection (CBP) officers that you are applying for TD status
  • Present the TD documentation
  • The officers review the document and ask a few questions
  • If approved, TD status is granted, and the individual is issued an I-94 card with the expiration date as the TN holder’s status 

This means that TD visa processing time is instant. Most Canadians complete TD visa processing and enter the US on the same day, with a single inspection. However, border officers have full discretion and can pend or refuse applications if applicants have incomplete or unclear documentation. Thus, careful preparation is essential to ensure a smooth application.

TN Visa for Canadian

CBP Port-of-entry (border) filling for Canadian citizens only
$1,800

Drafting of TN Visa support letter
I-129 USCIS forms
Cover letter to US immigration outlining eligibility
Application packet with supporting evidence
Employer support with any visa compliance needs
Filing instruction letter
Interview preparation
Post-filing discussions on related TN visa matters

Application at the U.S. Consulate (Mexicans and Some Canadians)

Mexican TD applicants are required to apply for a TD visa stamp at a U.S consulate before entering the U.S. 

Here’s how the process works:

  • Complete the DS-160 visa application online
  • Pay the visa fee
  • Schedule and attend a visa interview at the consulate
  • During the interview, they present the required TD documentation to the consular officer (including proof of relationship and proof of the TN holder’s status)
  • If approved, the individual receives a TD visa stamp in their passport
  • Travel to the U.S., where TD status is granted upon entry

Note that Canadians may also apply at a consulate rather than at the border. This is popular among Canadians who prefer advance approval or have had past issues at the border.

TN Visa for Mexican

Consulate filings for Mexican citizens
$2250

DS-160 review
Drafting of TN support letter
Cover letter to US immigration outlining eligibility
Application packet with supporting evidence
Filing instructions letter
Interview preparation
Letter of instructions to employer and status update

Applying While Already in the U.S. (Change of Status)

If the TN dependent is already in the US on another valid status, they may apply for TD status by filing Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS.

However, this option is less common because it has several drawbacks. For example, processing can take several months, the applicant cannot work or study until the change of status is approved, and traveling outside the US while the application is pending may result in abandonment. That said, border and consular applications are usually preferred options, as they are faster and more straightforward.

TD Visa Processing Time and Approval

TD visa processing time varies, depending on the method of application, as follows:

Method of TD visa applicationBorder application(Canadians)Consular application (Mexicans & some Canadians)I-539 Change of status application (Canadians and Mexicans already in the US)
Processing timeSame-day1 – 3 weeks2 – 6 months

Note that the quality of preparation directly impacts approval speed. For example, arriving at the border or consulate with a complete and clearly organized application packet helps avoid requests for additional documents, significantly reducing processing time.

What You Can and Cannot Do on TD Status

TD statuses come with specific limitations, and violations can result in status loss. For this reason, TN dependents who enter the US under TD statuses must understand what they can and cannot do. 

Activities Permitted on TD Status

Allowed activities for TD individuals in the US include:

  • Live in the U.S. for the duration of the TN holder’s authorized stay
  • Travel in and out of the U.S. freely (with a valid passport and an I-94)
  • Attend school full-time or part-time, including K-12, college, and graduate programs
  • Volunteer for charitable organizations (unpaid work only)
  • Manage personal investments or passive income (such as dividends and rental income)
  • Obtain a driver’s license and open bank accounts
  • Participate in community or recreational activities
  • Travel domestically within the U.S.

TD Visa Work Authorization Restrictions

TD status comes with employment restrictions. Individuals in the U.S. on a TD visa are not allowed to engage in any form of employment, including:

  • Paid or unpaid employment
  • Full-time or part-time work
  • Self-employment or freelance work
  • Employment through a W-2, 1099, or other U.S.-based employer

Working while in the US on TD status violates status and can lead to termination of TD status, removal from the US, and future visa ineligibility. Even remote work for a foreign employer while physically present in the US is generally not permitted on a TD status.

TD visa holders who want to work must change to a work-authorized status (such as H-1B or TN) or depart the U.S.

Can a TD Visa Holder Get a Social Security Number?

TD visa holders generally do not qualify for a Social Security number (SSN). This is because the Social Security Administration issues SSNs primarily to individuals authorized to work in the U.S., and TD status does not include work authorization.

Since getting a TD visa holder social security number is not possible, TD status individuals in the US who need a US tax identifier for tax reporting, banking, or other financial purposes can apply for an Individual Taxpayer Identification Number (ITIN) through the Internal Revenue Service (IRS).

To apply for an ITIN, TD holders must:

  • Complete Form W-7 (Application for IRS Individual Taxpayer Identification Number)
  • Include a federal tax return (unless an IRS exception applies) and identity documents
  • Submit the form to the IRS by mail, through an IRS-authorized Certifying Acceptance Agent (CAA), or in person at designated IRS locations.

Maintaining Valid TD Status

To maintain TD status, TD visa holders should ensure compliance with US immigration rules, such as:

  • Do not engage in any form of employment while on TD status
  • Maintain a valid passport at all times
  • Maintain a valid family relationship (for example, a TD spouse remaining married to the TN holder and TD children remaining below 21 years of age or unmarried)

In addition to this, TD visa holders should also track the TN holder’s employment status. This is because if the TN holder’s employment ends, their dependent’s TD status may end immediately, even if the I-94 has not yet expired.

Travel While on TD Status

TD holders can travel internationally and re-enter the US at any time. However, when traveling, they must carry: 

  • A valid passport (Note: Mexicans must have a valid TD visa stamp on their passport) 
  • A copy of the TD I-94 record
  • Proof of the TN visa holder’s active status (such as a copy of the TN holder’s I-94 record or a recent employment verification)

It’s important to know that when a TD holder leaves the U.S., re-entry is not guaranteed. CBP officers have the authority to reassess eligibility each time. And if they find that the TN holder’s status is no longer valid, they may deny TD dependents re-entry.

Thus, before traveling out of the U.S., TD visa holders should check the expiration date on their I-94 record and confirm that the TN holder’s status remains active.

Renewing or Extending TD Status

TD status does not renew on its own. It must be renewed or extended in conjunction with the TN holder’s extension. And how TN holders extend their status depends on how the principal TN holder extends. 

TN holders can leave the US when their status expires and apply for an extension at the border when re-entering. In this case, their TD dependents may:

  • Accompany the TN holder and apply for a TD extension at the same time
  • Go to the border at a later time and apply separately with the TN holder’s updated TN documentation

TN holders may apply for an extension from the U.S. (when their status is expiring) by filing Form I-129 with the USCIS. In this case, their TD dependents may:

  • Apply for a TD extension from the U.S. by filing Form I-539 
  • Leave the U.S. and apply for a TD extension at the port of entry when re-entering 

However, it is often simpler for TD holders to extend their status by traveling out and re-entering with updated TN documents rather than filing an I-539. Whenever TD status is extended, a new I-94 record (with updated expiration date that aligns with the TN holder’s expiration date) is issued. 

Changing from TD to TN Visa and Another Status

TN dependents in the US on TD status can change to another immigration status. Common status changes include:

  • TD to TN: TD visa holders who want to work and qualify as TN professionals themselves can apply for their own TN visa. This can be done at the border (for Canadians), through a US consulate in Mexico (for Mexicans), or by filing Form I-129 with the USCIS. Upon approval, they obtain TN status and are no longer a TD dependent. That is, they obtain their own TN status and are no longer a dependent of the original TN holder.
  • TD to F-1: TD visa holders in the US who are accepted into a US school can change to student status. This can be done by filing Form I-539 from within the US, or going back to Canada or Mexico and applying for an F-1 visa at a US consulate there.
  • TD to H-1B: If a TD visa holder receives a qualifying US employment in a specialty occupation, their employer can sponsor them for an H-1B visa by filing Form I-129 with the USCIS. Approval of the H-1B grants work authorization.
  • TD to Green Card: TD visa holders may be eligible for permanent residence through family sponsorship, employment sponsorship, or some other immigration path. In this case, the sponsoring entity should file Form I-130 (family-based) or Form I-140 (employment-based) with USCIS, followed by filing Form I-485 (Adjustment of Status) if applying from within the U.S., or completing consular processing abroad if applying from outside the U.S.

Once the status change is approved, TD dependency ends, and the individual becomes an independent immigrant. 

Common Mistakes and How to Avoid Them

Some TD applicants are denied, while others later lose their TD status due to avoidable mistakes. Some of these mistakes and how to prevent them are:

  • Insufficient relationship proof: Arriving at the border with incomplete or unclear relationship documentation can result in denial.

Quick fix: Bring the original and copies of the marriage and birth certificates, and include supporting evidence such as photos and joint records.

  • Outdated TN documentation: Presenting expired or incorrect TN records during TD application results in a denial.

Quick fix: Ensure the TN holder’s I-94, I-797 (if applicable), and employment letter are current before applying

  • Assuming work permission: Engaging in any form of employment while on TD status in the US can result in status loss.

Quick fix: Do not engage in any work while on TD status, as it does not permit employment. Persons who want to work should change to a work-authorized status before starting.

  • Traveling without documents: TD visa holders will be denied re-entry if they leave the US without proof of their TN and TD visa status.

Quick fix: Always carry proof of TD status and the TN holder’s valid status when re-entering

  • Overstaying I-94: Remaining in the U.S. past the authorized stay is an immigration violation that can result in deportation and future visa ineligibility.

Quick fix: Track I-94 expiration dates religiously and leave the US before the date or obtain an extension or change of status

  • Child aging out: Waiting until a TD child turns 21 to plan next steps can result in status violation, as TD children in the US automatically lose their TD status when they turn 21.

Quick fix: Plan status change before child turns 21

  • Ignoring TN holder’s status changes: If the TN holder loses their job or changes employers improperly, their dependent’s TD status is affected.

Quick fix: Track the TN holder’s employment status, and if there’s any change, act immediately by leaving the US or seeking professional guidance to determine your next lawful step 

  • Applying with an expired passport: Using an expired passport results in a denial, while using a passport with insufficient validity results in reduced validity, as TD status cannot be granted beyond the passport expiration date.

Quick fix: Ensure passport is valid for at least six months beyond intended stay

When to Seek Professional Help

While applying for TD status is relatively straightforward, certain situations can increase the risk of denials, making professional help absolutely necessary for any chance of success. These situations include:

  • Having a complex family relationship (such as prior marriages, foreign divorces, or stepchildren)
  • Previous visa refusals or U.S. immigration violations
  • The TN holder has complicated employment situations (like having multiple jobs or changing jobs)
  • Having a criminal record or inadmissibility concerns
  • Applicants need a change of status or extension, but with urgent timelines
  • Confusion about work authorization or SSN eligibility
  • Planning long-term immigration strategy (TD to green card path)

Begin with a TD application review and document checklist from TN Visa Expert to ensure a smooth TD status approval.

Summary and Next Steps

TD status allows spouses and children under 21 of TN visa holders to live legally in the U.S., attend school, and travel freely. However, it does not grant work authorization.

Whether you’re applying at the border, a consulate, or seeking an extension, success depends on proving the qualifying relationship, maintaining complete and accurate documentation, and maintaining the TN holder’s valid status.

Ready to apply for TD status? Get your application packet reviewed, receive a personalized document checklist, and prepare confidently for your border crossing or consulate interview. Contact TN Visa Expert today to start your TD application with expert support.

Frequently Asked Questions

Can a TD visa holder work in the United States?

TD status does not come with work authorization, so TD visa holders are not permitted to engage in any form of employment in the U.S.

Can a TD visa holder get a Social Security number?

In most cases, no. TD visa holders generally do not qualify for a Social Security number (SSN). This is because SSNs are generally issued to individuals with work authorization, and TD visa holders are not authorized to work.

Can TD visa holders study in the U.S.?

Yes. Under TD visa immigration laws, TD visa holders can study full-time or part-time in the U.S. without obtaining a separate student visa.

How long does TD visa processing take?

How long TD visa processing takes depends on the method of application. Border applications are processed on the spot, consular processing takes 1-3 weeks, while Form I-539 change of status applications can take several months.

What happens to my TD status if the TN holder loses their job?

TD status is tied to the TN holder’s employment and immigration status. Thus, if the TN holder loses their job, their TN status may become invalid, automatically ending the TD status of their dependents.

What happens if my child turns 21 while on TD status?

Only unmarried children under 21 years of age qualify for TD status, so when a TD child turns 21, they age out of TD eligibility. This ends their TD status, and they must leave the U.S. or change their immigration status.