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

ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. If you have been arrested for or charged with a crime, including offences involving drink driving or the use of a controlled substance, you may require a U.S. visa and, in some cases, a waiver of ineligibility. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit a U.S. Embassy or Consulate to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

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?

ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. If you have been arrested for or charged with a crime, including offences involving drink driving or the use of a controlled substance, you may require a U.S. visa and, in some cases, a waiver of ineligibility. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit a U.S. Embassy or Consulate to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

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 abroad, 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.

The most frequent basis for refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay.

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 WaiverProgram.

I am HIV positive. Do I need a visa to travel to the United States?

Applicants who are HIV positive are not eligible to use the Visa Waiver Program, and must acquire a visa in order to travel to the United States.

On October 6, 2008, the Department of Homeland Security (DHS) issued the HIV Waiver Authorization Final Rule, which allows U.S. Embassies and Consulates abroad to issue visas on a case-by-case basis to certain HIV positive applicants without seeking waiver authorization from DHS. In addition to the other forms required for a visa application, HIV positive applicants applying for admission into the United States, for a period not to exceed thirty (30) days, must read and sign form DS-5512, which outlines eligibility requirements for this streamlined processing. Form DS-5512 is available from the U.S. Embassy or Consulate at the time of interview.

For further information please see: http://www.dhs.gov/xnews/releases/pr_1222704743103.shtm

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.

Can I enter the United States for more than 30 days of tourism prior to the start of my program?

Travelers entering the United States with F, J or M visa status are generally permitted to enter up to 30 days before the start of their program and to remain in the U.S. for up to 30 days after the completion of their program (as evidenced on Forms I-20, I-20M and DS-2019). Visitors with F visa status may stay in the U.S. up to 60 days after the conclusion of their studies/practical training.

The grace period is to be used for domestic travel and/or to prepare for and depart from the U.S., and for no other purpose. You are not permitted to enter, exit and re-enter the U.S. during either grace period. For further information please refer to The Bureau of Educational and Cultural Affairs website.

Applicants who wish to enter the United States earlier or remain after the grace period, and those who wish to use this time to visit Canada or Mexico, are advised to apply for a B-1/B-2 tourist visa prior to entering the U.S. You can apply for a B-1/B-2 visa at the same time as you apply for a student/exchange visa. An additional MRV application fee receipt is required for the B-1/B-2 visa, as well as supporting documentation.

To enter the United States under one visa and change to another visa type you may either:

• Adjust your status while in the United States; or
• Depart the United States and reenter on your student/exchange visitor visa.

Depending on which option you choose, different procedures apply as below:

Prior Entry on a B1/B-2 Visitor Visa

If you choose to enter the U.S. on a B-1/B-2 visa prior to commencing your student/exchange program you must depart the United States at the conclusion of your holiday and reenter on your student/exchange visa no earlier than 30 days prior to the start of your program. You may have a one-way ticket when entering with a valid visa.

You may also make your initial entry on the Visa Waiver Program (VWP) if you qualify. Those entering on the VWP must have return or an onward ticket out of the U.S. and you must make your intentions to enter only as a tourist clear to the inspector at the Port of Entry. Under either option, you must depart the United States prior to the start of your program and reenter on the student/exchange visa no more than 30 days before the start of your program.

Adjusting Visa Status

If you choose to adjust your visa status while in the United States, you must have entered the U.S. on a valid B-1/B-2 Visitor visa. You cannot adjust your status if you entered on the Visa Waiver Program. To adjust status while in the U.S. you must apply to the U.S. Citizenship and Immigration Services (USCIS) for a change in status in the state in which you are based as soon as possible upon entry. To locate USCIS services in the area, you may refer to the USCIS website at www.uscis.gov or contact their National Customer Service Center (NCSC) at 1-800-375-5283.

Entry and re-entry into the United States is always at the discretion of the Customs and Border Protection (CBP) official at the U.S. port of entry. For further information on the admission of students and exchange visitors at U.S. ports of entry, please refer to the Customs and Border Protection website.

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 only need to complete one DS-160 Electronic Visa Application forms. You must pay two application fees at Australia Post and provide both receipts during your interview. You must also 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.

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.