TD renewal

J

Jim2021

New Member
Hello everyone, I am a Chinese citizen. My husband is a Canadian citizen. He will go to US border to renew his TN visa in this month. Can I also apply for my TD extension with him together at the US border? My TD visa will expire in July.

Last time I renewed my TD visa at a US consulate, but a US border officer told me he could process it at US border. I checked US government website, it also says that any eligible TN family members may apply to extend their TD status without the need to travel abroad.
 
You can only get a visa at a US consulate. But since your visa will still be valid at the time you will re-enter, you can use it to enter, and you should be admitted on TD status until the expiration of your spouse's (renewed) TN status, assuming your passport doesn't apply sooner.

Applying for Extension of Stay without leaving the US is a different process.
 
Thank you! So you mean I can have my TD status extended at US border without going to a US consulate to apply for a new TD visa, right?
 
Yes. Having your status "extended" is not the right way to describe it (that would be more like filing I-539 for Extension of Stay). Rather, your status ends when you leave the US, and you are being re-admitted into a new status (which happens to be the same as the status on your last stay but doesn't have to be) on the basis of your unexpired TD visa.

Also, I am not sure whether TD can enter at the land border right now, or have to fly in. Maybe someone else can chime in on that.
 
The TD spouse lives in US; they are automatically allowed to re-enter US, and always have been throughout COVID.

Just to be clear. You can enter on refreshed TD status (without consular stamping) only BEFORE your TD consular visa expires. So be sure your and your spouse go to the border at least a couple of days before expiry in case of snag at the border.
 
nelsona said:
The TD spouse lives in US; they are automatically allowed to re-enter US, and always have been throughout COVID.

Just to be clear. You can enter on refreshed TD status (without consular stamping) only BEFORE your TD consular visa expires. So be sure your and your spouse go to the border at least a couple of days before expiry in case of snag at the border.
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Thank you!
 
nelsona said:
The TD spouse lives in US; they are automatically allowed to re-enter US, and always have been throughout COVID.
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Are you sure that's true for the land border though? They must fall into one the types of essential travel in order to enter the US at the land border. TN's entry is essential travel because they are entering the US to work. But what about TD?
 
US citizens and residents are ALWAYS entitled to return to US, regardless of reason (just like Cdn residents are ALWAYS allowed to enter Canada). They must of course follow whatever quarantine/isolation/testing that is required, but they are not denied entry.

In addition, those moving to US on TN, have never been denied entry by CBP, regardless of the type of work they are doing.

So, as I said, if one has been living in US, then you will be admitted. Period. If you have been living in Canada, then why would you need a TD at this point?
 
nelsona said:
US citizens and residents are ALWAYS entitled to return to US, regardless of reason (just like Cdn residents are ALWAYS allowed to enter Canada). They must of course follow whatever quarantine/isolation/testing that is required, but they are not denied entry.

In addition, those moving to US on TN, have never been denied entry by CBP, regardless of the type of work they are doing.

So, as I said, if one has been living in US, then you will be admitted. Period. If you have been living in Canada, then why would you need a TD at this point?
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A US citizen or permanent resident (green card holder) returning to the US is one of the categories of essential travel for the land border entry regulation (the most recent one is here; it is renewed every month). However, there is no category of essential travel that covers "residents" generally.
 
A legal US resident (for example with a US Driver's license and a valid status which allows residence) will never be turned away at the border by CBP. Just like Cdn residents returning from vacation (non-essential travel) by land have never been turned away either.
We have had many examples posted here in the past year where families have gotten their TN/TDs renewed at border and returned to US without issue.
 
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