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Do I need a visa?

The U.S. Visa Waiver Program (VWP)

The majority of New Zealand citizens can travel to the U.S. for business or pleasure for up to 90 days without a visa.

You may not use VWP if you:

  • Have failed to comply with the conditions of a visa or the VWP on a previous trip. This would include overstaying your visa or stay on the VWP by even one day.
  • Intend to accept paid or unpaid employment in the U.S. (including au-pairs, interns, working journalists, and government representatives on official business.)
  • Plan to attend secondary school, vocational school or university.
  • Have ever been denied entry to or been expelled/deported from the U.S.
  • Have a criminal record or suffer from a serious transmittable disease or mental disorder.  See below for more information on criminal records.
  • Are a drug addict, drug trafficker, were involved in Nazi persecutions, and/or if you were or still are a member of a subversive or terrorist organization.

For more information on visa free travel please visit the Visa Waiver Program (VWP) section of travel.state.gov.

Electronic System for Travel Authorisation (ESTA)

Starting 12th January 2009, travellers wanting to use the VWP will be required to obtain an electronic travel authorisation. They will need to obtain this authorisation prior to boarding a carrier to travel by air or sea to the U.S.

For more information please visit the ESTA section of U.S Customs and Border Patrol's web site.

Travelers With Criminal Records

If you have had any minor traffic offenses which did not result in an arrest or conviction, you may use the VWP, provided you are otherwise qualified. If the traffic offense occurred while you were in the United States, and you have an outstanding fine against you or you did not attend your court hearing, it is possible there may be a warrant out for your arrest.  You should resolve these issues before traveling by contacting the court where you were to appear. If you do not know the address of the court, information is available from the Internet at www.uscourts.gov/links.html.

Convictions for certain crimes make you ineligible to travel to the U.S.  The only way to know for sure if your criminal record makes you ineligible for travel to the U.S. is to apply for a visa.  Only a consular officer can determine your visa eligibility.  Please note that the Clean Slate Act does not apply to U.S. visa law.  If you have a criminal record and attempt to travel without a visa, you may be refused entry into the United States.

 

Applicants with a recent (i.e., within the last 3 years) drunk driving conviction or more than one drunk driving conviction over any time period should not use the Visa Waiver Program. Such applicants must present their Criminal History Report at the time of interview and will be referred to a panel physician for a medical clearance.  Applicants with only one drunk driving conviction from over 3 years ago may use the Visa Waiver Program.

You need to bring a copy of your Criminal History Report with you to the interview. The administration of criminal records are the responsibility of the New Zealand Ministry of Justice.  You should use the "Priv/F1 - Request by Individual" form found on the Ministry of Justice website and follow the instructions listed there.  Be sure to check the box for your full record of convictions.

If your conviction makes you ineligible for a visa to the U.S., you may be able to request a waiver of this ineligibility.  You should discuss this with the consular officer at the time of the interview.  Waiver processing can take a couple of weeks, so if you think you may require a waiver, please apply early.  We always recommend you do not make any financial commitments for travel to the U.S. until you have received a visa.

Guam Visa Waiver Program

In addition to the U.S. Visa Waiver Program, there is a separate visa waiver program for visitors to Guam. Travelers from Visa Waiver Program countries may enter Guam for business or pleasure and remain up to 15 days.  Persons traveling to Guam for reasons other than business or pleasure, or who plan to stay more than 15 days, will need a visa.

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