Non-Immigrant Visas

Travelers with minor traffic offenses and those with Arrests and/or Convictions

Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa.  Your eligibility to enter the U.S. can only be determined by a consular officer at an interview.  The U.S. Visa Information Service and Embassy personnel cannot advise you on this.

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, and you will experience problems when applying for admission into the U.S. Therefore you should resolve the issue 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.

Travelers who have been arrested, even if the arrest did not result in a criminal conviction, and those with criminal records (the Clean Slate Act does not apply to U.S. visa law) are required to apply for visas. If they attempt to travel without a visa, they may be refused entry into the United States.

Applicants with any drink-driving charges are advised to apply for a visa and not to use the Visa Waiver Program. Applicants must present their court records at the time of interview. A Consular Officer will refer nonimmigrant visa applicants with prior drink-driving convictions to panel physicians for medical examination in the following circumstances: If applicant has a single drink-driving arrest or conviction within the last 3 calendar years If applicant has 2 or more drink-driving arrests or convictions in ANY time period

Nonimmigrant visa applicants with prior arrests or covictions should bring a copy of their Criminal History Report with them to the interview. The administration of criminal records are the responsibility of the New Zealand Ministry of Justice. Please do NOT contact the N.Z. Police for this record.

If your conviction makes you ineligible for a visa to the U.S., you may be eligible to apply for a waiver of the ineligibility.  You should discuss this with the consular officer at the time of the interview.

As 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.