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LÉRY · PLAN THE NEXT STEP

Turning 18 does not by itself decide the temporary dependent-child question

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general life across the border overview

THE SHORT ANSWER

A Léry family may use adult to describe a child who has reached 18 while preparing a U.S. move. Apply the actual immigration age and relationship conditions rather than assuming everyday language decides eligibility. Draw the household as a table with one row per person and columns for date of birth, marital status, citizenship, intended status and the document that would evidence it. Then add a column for the date each person's position could change. Most of what families get wrong here is not a legal misunderstanding but a calendar nobody wrote down.

01

Use the category’s actual child criteria

For the temporary dependent categories discussed here, children generally must be unmarried and under 21. A person aged 18 to 20 is not automatically excluded merely because the family calls them an adult. The actual relationship, category and continuing eligibility still require assessment. A person aged 18 to 20 who is unmarried is generally within the child definition for these temporary categories, which is why everyday words such as adult, dependent and student mislead: each carries a meaning in ordinary speech that does not match the criterion being applied. Marriage matters as well as age, so a wedding during the assignment is a status event and not only a family one. Where a child's circumstances are unusual, such as a stepchild, an adopted child or a child living apart from the household, ask counsel how the relationship is evidenced rather than assuming it follows.

02

Keep work and study permission distinct

TD does not authorize employment, including remote work while physically in the United States. Qualifying E or L spouses may work incident to valid status with appropriate evidence; children do not receive that spousal benefit. Study while maintaining qualifying dependent status does not extend the authorized stay. Hypothetical example: the spouse of a marine sediment survey specialist plans to keep serving Canadian clients online from the United States. That is work performed while physically present and it needs its own lawful basis; the location of the client and the currency of payment change nothing. Where a spouse's category does permit employment incident to status, obtain the actual evidence showing it and keep a copy with that person's own records rather than in the principal's file. A child studying in dependent status remains bound by the dates of that status, and enrolment for a further year does not extend it.

03

Track changes using individual records

Hypothetical example: a school plan extends beyond the child’s twenty-first birthday. Do not assume enrollment preserves dependent status. Immigrant age protection requires individual assessment and does not freeze TD, E or L age limits. Keep each person’s actual admission dates and next-step questions visible. Put the birthdays that matter on the same calendar as the immigration dates, then work backwards from each one to the point at which a decision would have to be made. Ask counsel well before a twenty-first birthday what the options are, since the answers differ by category and some take time to arrange. Keep each person's admission record and its expiry with their own passport rather than in a single household folder, because the family will need them separately at the moment they are asked for.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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