The TD Visa is an immigrant investor program (i.e. not a Green Card) which allows immediate relatives of permanent resident US citizens to remain in the country for a limited period of time, usually a year. The number of family members is restricted by the immigration laws of the United States, and these laws vary from one country to another. In Canada, there are several programs that the Permanent Residents of Canada (PROC) can use to sponsor family members. These include the spouse and children of an individual who is on a permanent resident status in the United States, or the parent and children of a member of the immediate family that is a US citizen or a permanent resident of that country. The spouse and children of a person who is on a permanent resident status in the United States may be eligible to use the Sponsorship by an Unmarried Partner in a Settlement Visa.
Compared to some of the other options for sponsor family members when it comes to immigration into the United States, the sponsorship by an individual, either a spouse or a child of a permanent resident or the dependents of an individual who is on a permanent resident status in the United States, is the least complicated. As long as both candidates meet the general requirements of being a US citizen or a legal permanent resident, and as long as they have a job and a means to support themselves that would ensure they would be able to sustain themselves for a period of at least two years, then this option is available. Also, as long as one of the spouses or the dependent children is not a US citizen, then it is not required that their marriage to the US citizen is terminated before the application for the TD Visa is approved. If both spouses and the dependent children are US citizens, then the marriage must be terminated before the application.
There are a few different types of sponsorships that are accepted for those who wish to apply for the TD Visa. If you wish to apply as a dependent family member for the TD Visa, then you will need to submit proof of your relationship to your sponsor, such as a copy of a marriage certificate or a statement from the court indicating that the union is legally dissolved. In addition, you will be required to list your dependent's full legal name on the application as well as their address and contact information. When you apply via the U.S. embassy, you will also be required to list the names of all of your dependent's other dependents.
An alternative option for those who want to apply for the TD Visa but who do not want to become a dependent of a U.S. citizen, or do not meet the other requirement of being a legal permanent resident, is to apply as a stand-alone beneficiary. To apply as a stand-alone beneficiary, you will be required to provide your financial information, including your income and your monthly expenses. You will also be required to list any additional children you have, including their birth dates. There are specific instructions for Mexican citizens who wish to apply for the TD Visa on their own. If you are unable to comply with these instructions, or if you fail to complete your application in a timely manner, you may be assessed an additional penalty. For further information and instructions on how to apply as a stand-alone beneficiary, please contact the nearest U.S. Embassy or the Consulate in Mexico directly.
Within the family category, there are two additional subcategories for those who wish to apply for a TD Visa. Those individuals wishing to be eligible for dual citizenship status must apply for a US Citizen or a legal permanent resident card. Individuals who wish to apply for an adjustment of status (information regarding this process can be obtained from the United States Department of State website, or from the Office of Immigration Services website) must apply for a green card. Once you have met the requirements for either of these programs, you must apply for an immigrant visa and then wait for your visa approval.
Dual citizens of the United States and Mexico may also apply for an immigrant visa by applying for a PT Nonimmigrant Status. These individuals may also choose to apply for green card status, and then become eligible to apply for immigration. The requirements for this program are slightly more involved than those for an immigrant or a green card holder; however, they are not significantly different than those required for any other applicant. If you have applied for a TD Visa and have chosen to enter the country on a temporary basis, you must apply for an immigrant visa while you are in the country-this includes a green card.
When you are evaluating your need for a TD Visa or an APR NAN visa, you should remember that you only receive one chance to apply. If you make any mistakes in your paperwork-including any errors made in data entry or failure to include important information-the clock is ticking, and the clock is running out on your opportunity to receive either a TD Visa or APR NAN visa. If you are unable to meet the criteria for either program within the set period of time, you will lose your chance to apply for either one of these programs. You should be aware that if you fail to meet the financial needs for one of these two immigration programs, the penalties for these failures are severe. There are serious penalties that result from having completed the paperwork incorrectly, missing any important information, or completing the paperwork inaccurately.
One of the most important considerations when you are preparing to apply for a TD Visa or APR NAN visa is whether you have dual intent. If you do, you should be aware that you will be required to remain in the United States until the end of your authorized period of stay. Although this means you will be required to leave the country to seek employment, it also means that you can work while you are in the country, provided you have not become subject to removal during the period of your authorized status. Many countries expect their applicants to have dual intent, but if you have, you must tell the Selective Service the reason for this status change-otherwise, you may be required to leave the country. There are many options available to an individual who wishes to work while in the United States under these types of visas. Your best bet is to work with an experienced, trusted Immigration attorney who can explain all of your options to you.