Are you married to a Mexican 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 visas to enable you to join your spouse.

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 TN visa holder.

 

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 may apply for TD visas at the same time the head of household applies for a 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 Mexican citizens—may apply for TD visas at a U.S. entry point, such as at the border or airport. If a spouse is not a citizen of Mexico, the spouse needs 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:

• Have a valid passport.
• If the spouse of the TN visa holder, have the original marriage certificate plus certified translation if not in English.
• If a child of the TN visa holder, have the 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 holder, have a copy of the TN visa holder’s valid I-94 record.
• If seeking TD status separately from the TN visa holder, have a recent letter from the TN visa holder’s employer or a recent pay stub confirming the TN visa holder’s employment.
• File an online application Form DS-160 (Online Nonimmigrant Visa Application) with the U.S. Department of State. Online Form DS-160 will require a photo of the applicant to be uploaded. If the photo upload fails, the applicant will be required to bring a printed photo meeting the requirements listed here to the visa interview.
• Once the online Form DS-160 is filled out, print the confirmation page and bring it to the visa interview.
• Pay any applicable fees prior to visa interview and bring the receipt to the interview.
• Schedule a visa interview at either the U.S. Embassy in Mexico City or a U.S. consulate in Mexico. The applicant must bring her/his passport, Form DS-160 confirmation page, photo if necessary, receipt, and other supporting documents.

If the 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).

If a Mexican TD dependent travels outside the U.S. after receiving an extension, that dependent will need to apply for a new TD visa at a U.S. embassy or consulate before returning to the U.S.

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.