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?

Procedure for disposal of I-94W Departure Cards

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 can I renew my visa?

A visa cannot be renewed regardless of its type.  You have to apply for a new visa.

How do I apply for a 6 month tourist visa?

New Zealanders are usually issued with a multiple entry B1/B2 Business/Tourist visa valid for 12 months or 5 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 the nearest the United States Citizenship and Immigration Service (U.S.C.I.S.) office. You should apply for your extension well in advance.  Approval or denial of the extension is at the discretion of the U.S.C.I.S.

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.  Therefore you cannot cross the border into these areas and then return for another 90 days.  You can however ask for re-entry on the Visa Waiver Program if you have left the Continent.

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 it is on the understanding 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 country and that you will return after your visit to the U.S., therefore applicants are advised to always apply in their own country of permanent residence if possible.  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 (a faxed copy is acceptable) 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, it is advisable to apply for a visa. 

The applicant submits details as to the court date, the type of offense, and the outcome, usually with a police certificate or court documents. If the police certificate says "no recordable convictions" but the person has committed a crime he or she must seek out court documents. He or she must also include the port of entry and exit to/from the US and the expected dates of travel.  This information is in addition to the usual requirements for the type of visa being applied for.

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

A single drink driving charge which didn't involve a jail sentence does not preclude you from using the Visa Waiver Program.  When completing the Visa Waiver Program questionnaire given to you on the aircraft you must answer 'yes' to the question 'have you been arrested or charged'.  Consequently, you need to carry with you documentation (e.g. court records) to show you were not jailed. If you do not have this documentation you may prefer to apply for a visa.

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 pages of the form to the Consulate.

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

No, either you must have the original I-797 or the Consulate must have received direct notification of the approval from the United States Citizenship and Immigration Service (USCIS) or other  U.S. Government source.  The consulate CANNOT accept a faxed copy from the applicant, the employer, or the lawyers.

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

The Visa Waiver Program and the B1/B2 visa allows you to attend short, in-house training courses of less than 90 days or 6 months, respectively.  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.

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

No, you may include the one bank cheque or one postal money order for the total amount of the issuance fee.  (The Post Office will however issue individual receipts for each application fee paid.)  If any one visa application is delayed, however, you may need to make alternate arrangements.

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.

What if I want to stay longer than the 30 days afterwards on my J visa as a tourist?

You should apply for a tourist visa at the same time you apply for your J visa.  If you are applying for both you will need two DS-156 application forms and two photos.  You must pay two application fees at a NZ Post Shop and attach a receipt to each DS-156.  You must include all the other documentation required for the J visa.  If you wish to remain longer than the 30 days after the end of your program you must contact the United States Citizenship and Immigration Service (USCIS) office in the state you are in and ask for a change in status from your J visa to your tourist visa.  You should ask for this change in status about 2 months before the official end of your program.  Alternatively you could leave the U.S. within the 30 days after the end of your program and re-enter on your tourist visa.

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. You must have an employer sponsor you.

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

Only your employer can sponsor you for work.

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 indefinite 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.