Will my children fall out of status if they turn 21 on the TN visa?

It is important to understand that derivative visas, such as the TD for dependents of TN visa holders, have specific rules regarding the eligibility of dependents, especially with respect to age. United States immigration law defines “child” only up to 21 years of age for dependency purposes. After this age, the individual generally no longer qualifies for the derivative status.

For families in the United States on TN visas with children accompanying them under TD status, when the children turn 21, they automatically lose this dependent category. This means that, from the moment they reach the age of majority defined by immigration law, they no longer hold the legal status derived from the TN visa.

If they wish to remain in the United States, these children will need to seek a change of status to another visa category compatible with their goals – for example, a student visa (F-1) or another appropriate to their situation. It is always essential to comply with the country”s immigration laws, as maintaining a valid status is crucial to avoid future complications.

If there are doubts or if the family is considering alternatives for the child to continue living legally in the country, it is prudent to seek detailed information from reliable sources and, if possible, consult specialized organizations that offer safe guidance, avoiding promises of guaranteed results that often appear in marketing campaigns.

Each case may have particular nuances, and a careful analysis of the situation is the best way to proceed safely.

In summary, yes – when your children turn 21, they will no longer be eligible for the derivative TD status, and they will need to seek a change of status if they wish to remain legally in the United States. Always emphasize the importance of staying informed and acting according to the rules to avoid legal complications in the future.

Victoria Harper

Editor-in-Chief

Meet the author

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.