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United States Department of State

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United States Consular Services Australia

Visas

Frequently Asked Questions – Non-immigrant visas

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Questions

Visa waiver queries

I forgot to hand in my green departure record (form I-94W) when I departed the United States. What should I do with it?

Please mail your I-94 Departure Record directly to the following address:

ACS-CBP SBU
1084 South Laurel Road
London, KY 40744
U.S.A.

Please keep a copy of what you sent and take it with you next time when you enter the U.S. For more information see the U.S. Customs and Border Protection website.

What else do I have to do when I depart from the United States?

Generally the U.S. does not have mandatory exit controls. However the Bureau of Customs and Border Protection is currently testing US-VISIT exit procedures at 12 major airports and 3 seaports. If you leave from one of these ports, you are required to confirm your departure. Your check out will include the scanning of your visa or passport and repeating the simple inkless fingerscanning process for first your left index finger and then your right index finger. A workstation attendant will be available if you need assistance. The exit confirmation will be added to your travel records to demonstrate compliance with the terms of your admission. Ultimately, most foreign visitors will be required to check out before leaving the United States. For more information on which ports are currently involved in this program, please see the page at the Department of Homeland Security's website.

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.

Do Australians need 6 months validity on their passport?

No.

How do I know if my passport is machine readable and biometric?

You should consult the issuing authority in order to determine if your passport is machine readable and biometric. For more information, read more about machine readable passports.

Am I allowed to visit the United States after I've been to Cuba?

Entry (even with a valid visa) is determined by U.S. Immigration officials at the port of entry. You may wish to take supporting documents about the purpose of your trip.

I am only transiting Guam or Los Angeles for a few hours during my flight to another destination outside the U.S.; do I need a visa?

You can transit the U.S. visa-free on the Visa Waiver Program (VWP) as long as your total stay in the U.S., Canada, Mexico and adjacent islands is less than 90 days, and you meet the other VWP requirements. You can use the VWP if, for instance, you are transiting the U.S. on a journey between Australia and Europe, or are transiting Guam between Australia and Japan.

However, if, for example you are transiting the U.S. on the way to a 6 month stay in Canada, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa or a transit visa.

Can I visit Guam and Micronesia on the Visa Waiver Program?

Australian citizens visiting or transiting Guam can enter visa-free on the U.S. Visa Waiver Program (VWP) as long as they meet all the requirements. To meet VWP requirements, the total stay in the U.S., Canada, Mexico and adjacent islands must be less than 90 days. You can therefore use the VWP if, for instance, you are transiting or visiting Guam on a journey between Australia and Europe, or Australia and Japan, or are transiting on your way to a short visit to Canada.

However, if, for example you are transiting Guam on the way to a 6 month stay in Canada for a working holiday, you cannot use the VWP, as your total time in the U.S., Canada, Mexico and the adjacent islands will be over 90 days. In this case you should apply for a B-1/B-2 visitor visa, or a transit visa

The U.S. government is no longer responsible for immigration matters in the Federated States of Micronesia (FSM), but as a guide, Australian citizens are generally admitted visa-free for a stay of 30 days. Upon arrival visitors must present a completed 'FSM Immigration Arrival and Departure Record' which is given out by the carrier prior to arrival.

Travelers wishing to stay in Micronesia longer than 30 days must also complete an entry permit. Visitors must demonstrate the ability to travel onwards from the FSM and to leave the FSM at the end of the visit. Please see the visit FSM website for further information.

What are the signatory carriers for the VWP?

If arriving in the U.S. by air or sea, to meet the requirements of the Visa Waiver Program (VWP), you must arrive aboard a carrier, known as a signatory carrier, which has signed an agreement guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable.

Please visit the State Department website to find a list of signatory carriers.

Application queries

I was arrested/convicted of a crime 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 U.S. and the expected dates of travel. This information is in addition to the usual requirements for the type of visa being applied for. For more information, please visit our page on arrests and convictions.

Will my crime make me ineligible for a visa?

Individuals who have been arrested for, or charged with, a crime must apply for a visa before travel. They cannot use the Visa Waiver Program.

At your visa interview, a consular officer will determine whether or not your contact with law enforcement makes you ineligible for a U.S. visa. Should you have an ineligibility, in certain cases the consular officer can, at his or her discretion, recommend that the U.S. Citizenship and Immigration Services (USCIS) approve a waiver of that ineligibility.

This basically entails requesting permission from USCIS to allow issuance of the visa. Please be aware that this can take some weeks, and that you will need to provide details of your conviction in the form of court records and a National Police Certificate based on a fingerprint check. Please also be aware that it is your responsibility to obtain these records should they be required, and that they usually require both a fee and processing time.

Generally, the consular officer will neither recommend, nor will USCIS approve, a waiver of an ineligibility within 5 years of the completion of any sentence, nor for applicants convicted of serious felonies such as murder or kidnapping. Please visit our page on arrests and convictions for guidance on how to obtain police records.

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

Applicants with any drink-driving charges are advised to apply for a visa and not to use the Visa Waiver Program. Most short term visitors traveling for business or pleasure apply for a B-1/B-2 business/tourist visa.

All applicants applying for a U.S. visa must appear in person for an interview at the U.S. Consulate serving the state in which they reside. Depending on your individual situation, at the time of your interview you may be referred to a panel physician for evaluation. If this requirement applies to you, you will be supplied with the names and contact details of the panel physician along with a letter explaining the need for this examination.

Please Note: An appointment with a panel physician is the responsibility of the individual and is entirely dependent on the availability of the panel physician. Neither the Consulate nor any individual panel physician can guarantee an appointment before a fixed travel date.

My company is sending me to the U.S. office for training or to attend a conference. Do I need a visa?

The Visa Waiver Program and the B1/B2 visa allows you to attend short, in-house training courses or conferences 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 from the Australian 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.

How do I apply for a tourist visa?

Australian citizens are usually issued with a multiple entry B1/B2 Business/Tourist visa valid for 12 months or 5 years. For fee information Fees for non-immigrant visas. 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 (USCIS) office, or under its parent agency, the Department of Homeland Security (DHS). You should apply for your extension well in advance. Approval or denial of the extension is at the discretion of the USCIS.

Can I apply for a visa in Australia if I am not an Australian passport holder or a permanent resident here?

Yes, an applicant has the right to apply for a non-immigrant visa at any U.S. consulate abroad, therefore you can apply at any U.S. consulate in Australia.

All applicants between the ages of 14 and 79 (inclusive) must appear in person for an interview. Applicants younger than 14 or older than 79 who are neither citizens nor permanent residents of Australia are also required to appear in person.

However, it may be harder to qualify for a visa when applying outside your own country of permanent residence. At your interview you will be required to demonstrate that you have strong ties to Australia, and that you will return overseas after your visit to the U.S. If you choose to apply in Australia, keep in mind that your application may be refused, and the application fee is non-refundable.

If you do apply in Australia, please bring documentation to your interview to establish that you:

  1. Have a residence abroad which you do not intend to abandon
  2. Are coming to the U.S. for a definite temporary period
  3. Will depart upon the conclusion of your visit
  4. Have permission to enter a foreign country after your stay in the U.S.
  5. Have access to sufficient funds to cover the expenses of your visit and return passage

A decision on the issuance of your visa will be made at the time of your application and is solely at the discretion of the interviewing officer. Once this decision has been made, there is no course of appeal other than to make a new application at a later date.

Individuals wanting to apply in Australia must schedule an appointment online at the VisaPoint website. You can also fill out and print out the visa application form on this site.

Does the U.S. recognize De Facto relationships?

No, the U.S. does not recognize De Facto relationships, so to qualify as a spouse for a visa application you will need a marriage certificate from the Department of Births, Deaths and Marriages.

Do I need individual bank checks/postal money orders for the issuance fee for each family members work/study visa?

No, you may include the one bank check 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.

I don't have a credit card or a computer. How can I make a visa appointment?

If you do not have a credit card you may ask a friend or relative to assist or you may consult with your travel agent. Many public libraries offer access to the internet.

My passport expired but my visa is still valid. How can I transfer my visa?

A visa is valid for the time stamped on the visa even when the passport is no longer valid. As long as the visa is not damaged in any way and you have not changed your nationality, you may carry the "old" passport containing the valid visa and the new passport when you travel, presenting both at the point of entry. The Consulate will not transfer a visa to the new passport.

How can I renew my non-immigrant visa?

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

Visa Specific Queries

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

A letter of employment on the company letterhead (may be a faxed copy) submitted with all other requirements outlined on the non-immigrant visa general information sheet. The Consular Officer will determine if you will be issued with a C1/D crew visa or a B1/B2 business/tourist visa.

My DS-2019/I-20/I-20M form hasn't arrived from the United States. 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.

How long can I stay after my study/exchange visa expires?

On an F study visa you may enter the U.S. up to 30 days before the start of your program. On an M or J study visa you may enter up to 30 days before the start date. 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 do I apply for an athletic/sports visa?

The P visa covers Athletes. For more information see our page on working visas (H, L, O, P, Q, & R visas). 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.

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 Australia Post and attach a receipt to each DS156. 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.

Working Visa Queries

Does the United States have a working holiday visa program?

On September 5, 2007, President Bush and Prime Minister Howard announced a new pilot work and travel program. The program, which is scheduled to go into effect on October 31, 2007, will allow American and Australian post-secondary students and recent graduates to work and travel in Australia or the United States for up to one year. Further details on the terms of the arrangement will soon be available on the website of the U.S. Department of State's Bureau of Educational and Cultural Affairs at http://exchanges.state.gov

What is the difference between a work visa and an E-3 visa?

An E-3 visa is a certain type of work visa available only to Australian citizens. For more information see our E-3 visa page.

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

No.

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 as described in the working visa information sheet.

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

Only your employer can sponsor you for work.

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

No, either you must have the receipt number of your approved I-129 petition (e.g. WAC-08-123-45678), or the original notice of 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.

How long can I stay 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.

Last update Friday, 6 June 2008

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