The TD visa is a status category that allows dependents (spouses and children) of the TN visa holder to legally reside in the United States. This benefit, however, is directly linked to a legal and valid marriage. When a divorce occurs, the relationship that underpins the eligibility for the TD visa ceases to exist.
In practice, if a couple divorces, the ex-spouse holding TD status may automatically lose the right to stay in the United States under this classification. This happens because immigration criteria require the dependent to maintain a legal relationship with the TN visa holder during the validity of the status.
Without this connection, the basis for the TD disappears, and the ex-spouse will need to seek a change of status or another visa that fits their new situation if they wish to continue residing legally in the country.
It is always important to remember that immigration laws are quite strict and subject to change. Each situation may involve specific nuances, so it is essential to seek guidance from official sources and consult specialized professionals. Be cautious of promises of quick or guaranteed results, and avoid falling for campaigns that promise miraculous solutions – the regularity of the process depends on faithful compliance with current regulations.
In summary, in the event of a divorce, the ex-spouse generally loses the TD dependent status associated with the TN visa and must take measures to regularize their situation according to the options available within United States immigration.
Learn more about TN Visa
- Eligible countries
- Canada & Mexico (USMCA)
- Duration
- 3 years
- Extension
- Unlimited (3 years each)
- Processing
- At the border or consulate
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Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.