Frequently Asked Questions

Non-Immigrant Visas

I did not hand in my green departure record (form I-94) when I departed the U.S. What should I do with it?

Failure to turn in your I-94 (or I-94W) when you leave the U.S. can create a serious problem. Without this record of your departure, you will be identified in our records as an "overstay." Being identified as an overstay means that you will be denied re-entry into the U.S.If you failed to turn in your I-94, please send it - along with any documentation that proves you left the U.S. to:

ACS Inc.
1084 South Laurel Rd.
London,  Kentucky 40744
U.S.A.

Documentation to prove your departure can include the boarding pass from your flight. If you exited the country by a land border it is much harder to verify that you did- in fact - leave the country on the date you claim. If you have any documentation of your arrival in your home country (i.e. passport stamp), then you should send a copy of that. If the above office does not have any supporting documents to substantiate your claim to have left the U.S. on a certain date, there is no guarantee that you will be entered into the record as having done so.We strongly urge you to keep a copy of what you send to ACS Inc. and to carry it with you the next time you come to the U.S. in case the CBP officer has any questions about your eligibility to enter.If you want to confirm that your I-94 was received by ACS, please give them 4 months to process the paperwork. Then you can write the following address to determine whether or not your departure was recorded. If you turned in the I-94 when you left the U.S. as required, please do NOT request confirmation that it is on file. This process is only for people who did not turn in the I-94 when they exited the U.S.You will need to provide your name, date of birth, passport number, and date of departure, in addition to asking whether or not your departure was recorded:

U.S. Customs and Border Protection Air Sea Passenger Operations Room
5.4D1300 Pennsylvania Ave
Washington D.C. 20229

Phone: (202) 344 1220

This information is from U.S. Customs and Border Protection website.

How do I apply for a 6 month tourist visa?

Most New Zealanders are issued with a multiple entry B1/B2 Business/Tourist visa valid for 10 years. The validity of the visa has no bearing on the length of stay.  Each time you enter, the Immigration Officials at the port of entry will determine how long you may stay. 

If the amount of time given to you is not sufficient you may contact United States Citizenship and Immigration Service (USCIS) while in the U.S.  You should apply for your extension well in advance.  Approval or denial of the extension is at the discretion of the USCIS.

What if I enter on the Visa Waiver Program and then decide I want to stay longer than the 90 days?

You CANNOT extend the time on the Visa Waiver Program.  The 90 days also includes any time spent in Canada, Mexico and adjacent islands after first entering the U.S..  Therefore you should not cross the border into these areas for a short time and then expect to return for another 90 days.  You can however ask for re-entry on the Visa Waiver Program if you have visited a country outside of the U.S., Canada, Mexico or the adjacent islands.

Can I apply for a visa in New Zealand if I am not a New Zealand passport holder or a permanent resident here?

An applicant has the right to apply at any U.S. Consulate abroad.  However, it may be harder to qualify for the visa when applying outside your own country of permanent residence.  If you choose to apply in New Zealand, please understand that you may be refused, and the application fee is non-refundable if the visa is not issued. 

You are expected to demonstrate that you have strong ties to your place of residence and that you will return after your visit to the U.S.  The decision on the issuance of the visa will be made at the time of application.

I want to apply for a C1/D (or B1/B2) visa to work as crew on a plane/ship/yacht. What do I need?

A letter of employment on the company letterhead submitted with all other requirements for the non-immigrant visa. The Consular Officer will determine if you will be issued with a C1/D crew visa or a B1/B2 business/tourist visa.

I was arrested/convicted years ago. Do I need a visa?

Anyone convicted of or punished for a crime involving moral turpitude (regardless of how long ago or if the conviction was not recorded) is ineligible for the Visa Waiver Program and  must apply for a visa.  If there is any doubt regarding the nature of the offense, you must apply for a visa. 

The applicant should submit court and/or police records which show the details the arrest or conviction, such as the court date, the type of offense, and the outcome. If the police certificate says "no recordable convictions" but the person has committed a crime, he or she must seek out the original court documents.  This information is in addition to the usual requirements for the type of visa being applied for.

I had a drunk driving charge.  Do I need a visa?

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 and should apply for a visa before they travel. 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.

Is there an age limit for applying for a work visa?

No.

My DS-2019/I-20/I-20M form hasn't arrived from the U.S. Can I apply for the visa with a photocopy of the approval notice to work/study?

No, you must have the original documents to apply, and you must bring all pages of the form to the Consulate.

Can I present a copy of my I-797 approval notice for my work visa?

Yes.  Please bring any documentation you have with you to the interview.  The approval notice still must show up in our electronic database before we can issue the visa.  However, a copy of an I-797 may help us to locate the electronic record.

My company is sending me to our U.S. office for training. Do I need a visa?

The Visa Waiver Program allows you to attend short, in-house training courses of less than 90 days.  You should carry a letter with you on the company letterhead stating the purpose of the trip, the approximate length of stay, and that your salary will continue to be paid by the New Zealand company.  If your company has affiliated offices in the United States, you must be able to show that you will not be providing services during your training period.  If your trip is planned for more than 90 days, you must obtain a visa before travelling.

Do I need individual bank cheques/postal money orders for the application fee for each family member's visa?

No, you may bring one bank cheque or one postal money order for the total amount of the applicable fees.  The Post Office will, however, issue individual receipts for each application fee paid.

How long can I stay in the U.S. after my study/exchange visa expires?

On a study (F, M) or exchange (J) visa you may enter the U.S. no more than 4 weeks before the official start of the program.  On a J or M visa, you may stay 30 days after the official end of your program.  On an F visa, you may stay for 60 days after the conclusion of your studies.

How long can I stay in the U.S. after the end of my working visa?

On the E, H, L, O, P, Q, and R you may enter the U.S. 10 days before the official start of your work and you may stay 10 days after the official end of your work.

Can I get a visa to do casual work?

No, there is no visa that covers casual work.

Can my relative in the U.S. sponsor my employment?

Only an employer can petition for a work visa for you.

How do I apply for a 'sportsperson' visa?

The P visa covers athletes. Alternatively, the B2 tourist or Visa Waiver Program allows participation in contests as amateurs or for prize money only.  If you are sponsored by a company in the U.S., and they are paying you sponsorship fees, you must have a P visa.

I have an indefinate visa. Is it still valid?

Indefinite validity visas are no longer issued.  They are valid for only 10 years from the issue date.  If the visa was issued longer than 10 years ago you need to apply for a new visa unless you are eligible to use the Visa Waiver Program.

Do New Zealanders need 6 months validity on their passport?

No.