Canadian Parents with US Children

Your web site is extremely helpful. I hope you can answer my question.
I have been in US now for over 7 years working under a TN classification. My
TN has always been valid and renewed continuously. During the 7 year period
we had 2 children who were born in the US and are now US citizens.
I have recently started to do some work outside the US in Europe. This work
is not under a US employer and is not related work done for my TN. I commute
to do this work but my wife and kids have remained in the US.
At the moment, all my work is now outside the US and my existing TN
classification is set to expire in June 2006. My wife very much likes to
stay in the US and our kids would very much like to remain in school in the
I am assuming that since my children are US citizens, they themselves would
not have a problem remaining in the US while I continue to work in Europe
but what about my wife? When my TN ( and thus my wife's TD ) classification
runs out must we all immediately move out of the states?
Would it be acceptable for my wife and children to stay in the US and have
my wife return periodically for visits to Canada staying in the US for no
more than 6 months at a time? I am wondering if since the children are US
citizens this would have some concession on allowing my wife to stay (
obviously the children could not stay by themselves ).
Best Regards
david ingram replies:
As I have read your question, you are no longer working for the employer who
sponsored your TN Visa.  If this is the case, your TN is no longer valid and
neither is your wife's TD visa valid.
She is subject to immediate arrest and imprisonment.  Although you do not
recognize it, you are in the same position as the Mexican itinerant workers
who have had children born in the US and are still sometimes loaded on a bus
and deported.
You need very good legal representation.  Joe Grasmick (whom i have never
met) is the best set up to handle your problem. He wrote the lawyers
handbook on TN visas and has set himself up with a prepaid phone
consultation service which you can find at
Drop $300 and phone him now - don't wait.  Your problem could start the next
time you enter the US at an airport and a sharp eyed Homeland Security
officer spots the fact that you are no longer working in the US for the TN
employer or it could happen if your wife is in a minor fender bender and her
status comes up for investigation because you are off working in Europe.
David Ingram's US / Canada Services
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Disclaimer:  This question has been answered without detailed information or
consultation and is to be regarded only as general comment.   Nothing in
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