Length of stay post termination of Employment

[18tilidi]

Hi:
I have 2 questions:
1. Me and my husband used to be on TN (when we both were working), now I lost my job but he is still on active employment (on TN status). Do I have to fly / travel to the border to get a TD or as a Canadian Citizen I can just stay in the U.S with my husband and kids ?
(Please note: Our kids were listed as TD under my TN)
2. It has been 2 months since I lost my job, will I have problems with being out of status when I either apply for TN or TD in near future ?

Please advice, and if you can refer me to appropriate government resources that can answer these that would be great as well.
Have a great day.
Jill

[Reba]

You and the kids should all go to the border to get TD status derivative of your husband's TN. You should have done that within 10 days of termination of your own TN.

The kids will not be able to (legally) attend school unless they have valid TDs.

[Steven]

Well if your I-94 hasn't expired yet you can apply for a change of status to TD on I-539. But legally you're supposed to leave by the date stamped on your I-94 or "immediately" after your employment has ceased, but based on caselaw, USCIS usually interpret "immediately" as within ten days.

[lawsrlaws]

As long as you are not working for anyone else, you should have no problem. Just come to the border with your husband, or his information, and you will get a TD. Again, as long as your not working out of status, things will work out.

[18tilidi]

Thanks to all.
My TN is still valid for another 2 years.
I haven't been working once my employer layed me off.
I guess I should plan to go ASAP to border to get TD. Do you guys think I'll face any issues when I go with my spouse and kids to get TD ?
Thanks
Jill

[lawsrlaws]

No. Just turn in your I-94 when you enter Canada. When you re-enter the USA you and your kids will get new I-94's as TD's. This is not uncommon. 2 months over will likely get you a verbal tongue lashing at best, but I doubt it.

Good Luck.

[Steven]

You don't necessarily need your husband to come with you, you just need proof of his status and proof of your relationship to him, e.g. copy of his passport and I-94 and your marriage certificate.

[18tilidi]

Thanks for your responses