NAFTA TD Status for Spouses and Children of TN Professionals:

• Spouses and children (unmarried children under the age of 21) who are accompanying or following to join TN Professionals may receive a derivative TD status.

• Applicants for TD status must demonstrate a bona fide spousal or parent-child relationship to the principal TN Professional.

• Dependents do not have to be citizens of Canada to be eligible for TD status. However, if the spouse and children of a TN applicant are not Canadian citizens, they must obtain a TD nonimmigrant visa from a U.S. embassy or consulate before they can seek admission into the U.S.

• Spouses and children in TD status cannot work while in the U.S. INS Manuals § 15.5.

• However, spouses and children in TD status are permitted to study: “Dependents in TD status may attend school in the United States on a full-time basis, as such attendance is deemed to be incidental to their purpose for being in the United States, which is to accompany the TN alien.” 58 FR 69205, 69209 (Dec. 30, 1993); 9 FAM 41.59 N12.1; INS Manuals § 15.5. See also 67 FR 18062, 18062 (April 12, 2002). Prospective students in TD status should be aware that many schools may consider them non-residents for tuition purposes and therefore subject them to higher tuition rates.

Back to NAFTA TN Status for Spouses & Children.

Revised December 6, 2006.