Can TD Dependents Enter or Extend Status During a Government Shutdown?

(UNITED STATES) TD dependent spouses and children can continue to enter the United States and extend their status during a government shutdown, as core immigration and border functions remain open. U.S. Customs and Border Protection officers at ports of entry keep processing arrivals as part of essential operations, while U.S. Citizenship and Immigration Services stays open because it is largely funded by application fees. That means families tied to a TN professional can travel, re-enter, and file Form I-539 to extend or change TD status even if Congress has not passed a funding bill.

Officials describe border inspection and immigration benefits processing funded by fees as services that do not stop during a funding lapse. According to analysis by VisaVerge.com, past shutdowns showed little disruption for TD dependents at airports and land borders, provided travelers carried valid passports, TD visas if required, and proof of the principal TN worker’s status. Families report the main challenge is stress and confusion, not closed doors.

Policy context and what continues

CBP officers remain on duty at ports of entry during a shutdown, so processing for TD dependents with valid documents continues. The Department of State’s consular sections also rely on fees for most visa services. In prior lapses, visa stamping generally kept moving, though some posts scaled down non-urgent services.

Applicants should still check local consulate pages for any schedule changes, but TD visa issuance does not stop by default.

USCIS continues accepting and adjudicating fee-based filings, including Form I-539, Application to Extend/Change Nonimmigrant Status, for TD dependents already in the country. Families can file to extend TD status in line with the principal TN’s period of stay. If the TN worker extends, dependents should file their own I-539 package to match.

USCIS processing times do not freeze during a shutdown, though workloads and staffing patterns can shift as with any agency.

Important takeaways:
– CBP continues inspections and processing at ports of entry.
– USCIS continues fee-funded adjudications, including I-539 filings.
– State Department consulates generally continue visa stamping, subject to local conditions.

Quick summary of what TD dependents can expect

• Travel during a shutdown: TD dependents may depart and re-enter the United States 🇺🇸 with valid TD status and proper documentation.
• Status extensions: Form I-539 filings continue, as USCIS is fee-funded.
• Visa stamping: Consulates typically keep issuing TD visas, subject to local conditions.
• Work limits: TD dependents cannot work in the United States, but may attend school.

Documents CBP commonly asks for at the border

Families should plan for normal document checks at the border. CBP officers often ask for proof that the principal TN remains in valid status. Helpful documents include:

• Printout of the TN worker’s I-94
• Recent pay statements
• A letter from the TN employer confirming ongoing work in a qualifying profession
• Marriage certificate or birth certificate to show family ties for TD spouses and children

Practical steps and checklist for TD families during a shutdown

When considering a trip or an extension of stay, think in terms of documents, timing, and consistency with the TN worker’s case. The TD category is a derivative status; it stands or falls with the principal’s compliance.

Checklist to reduce risk:

1. Carry a valid passport, TD visa (if required for admission), and a printout of the TN worker’s I-94.
2. Bring a recent employer letter for the TN worker, plus recent pay statements.
3. Keep civil records handy (marriage and birth certificates) for TD dependent spouses and children.
4. Confirm your TD expiration date and file Form I-539 early to avoid gaps.
5. If driving across a land border, keep originals in a safe, quickly accessible folder.

USCIS requires a separate Form I-539 filing for TD dependents when extending or changing status in the United States. The form, filing fee, and any biometrics fee remain payable during a shutdown. You can review the form and instructions at the official page for Form I-539, Application to Extend/Change Nonimmigrant Status.

• Align end dates with the TN approval period so the family’s documents remain in sync.
• Overstays can have serious effects, so do not wait until the last week to file.

Travel guidance and visa stamping

For those traveling, CBP confirms that inspection operations continue during funding lapses. Official travel guidance for visitors and returning residents remains available at U.S. Customs and Border Protection – Travel.

Practical travel notes:

• While rare, weather, staffing, or local events can still affect wait times; plan extra time for connections, especially with children.
• If your TD visa has expired but your TD status in the U.S. is still valid, talk to counsel before leaving. In many cases, you’ll need to renew the visa at a consulate to return.
• Most consular posts keep working because of fee funding, but some appointments could shift if staffing is limited. Check appointment systems regularly and bring the TN worker’s approval evidence, employment letter, and civil records for TD eligibility.
• If you face a reschedule, keep proof of your original date in case you need to explain a short status gap on return.

Limits on activities and schooling

A shutdown does not expand what TD dependents can do. The work ban still applies. Some guidance:

• TD dependents cannot accept paid work (including paid freelance work or compensated roles in a family business).
• Volunteering for a real charity is usually fine, but anything that replaces a paid role or provides compensation is off limits.
• School attendance is allowed for spouses and children, which can be helpful while the TN professional works.

Parents should also weigh timing around school calendars and visit windows. If a child’s TD will expire soon, consider filing Form I-539 before travel. A pending I-539 can allow the child to remain in the country while USCIS processes the case if filed on time and properly. Keep copies of the receipt notice for travel records.

Common problems and filing tips

According to VisaVerge.com, the most common delays for TD families during a shutdown come from simple paperwork mistakes:

• Missing signatures on Form I-539
• Wrong fees or fee computations
• Using old versions of supporting letters or the form

Use the latest form edition and follow the instructions page closely. USCIS will reject incomplete filings even when the rest of the system is open.

Final reminders

• A shutdown is a funding issue, not a rewrite of immigration law. CBP screens travelers, USCIS takes in fee-funded cases, and the State Department issues visas.
• For TD dependent spouses and children, the rules stay the same: keep status current, travel with complete documents, and file timely extensions that match the TN worker’s stay.
• If in doubt, seek legal advice before booking flights or sending in forms, and keep both digital and paper folders so you can answer questions quickly at the airport or land crossing.