TD Visa, Spouse and Children Under NAFTA, Canada & Mexico
Under the North American Free Trade Agreement (NAFTA) spouses and unmarried children under the age of 21 can join their Treaty National visa (TN) spouse or parent in the U.S. to live. When children reach the age of 21 they are no longer eligible for this visa and must return to their home country or change to another nonimmigrant status. They cannot work with this visa but they can attend school or university.
This visa is only temporary in nature and applying for permanent residency will cancel it. How it is applied for depends whether the applicant is from Canada or Mexico.
Canadians Applying for a TD Visa
Canadians family members who are Canadian citizens do not need a TD to reside in the US but can apply for one for school or other purposes at the border. They only need proof of Canadian citizenship, a marriage certificate and a copy of the TN visa. Non Canadian family members of Canadian TN visa holders must apply for their TD through home country consular processing with similar proofs. The fee at the border is $50 and for consular processing is $290. The TD visa is valid for up to 3 years and is renewable indefinitely, as long as the TN visa holder is working in the US.
Mexicans Applying for a TD Visa
Mexican family members can also reside in the U.S. They cannot use border processing and must use consular processing. They need proof of Mexican citizenship, a marriage certificate and a copy of the TN visa. Their TD fee is $140. The TD visa is valid for up to 3 years and is renewable indefinitely, as long as the TN visa holder is working in the U.S.