US visa information for bands and musicians wanting to tour/ play/ record in the US.

Do I need a visa to go to the US.

If you are a New Zealand citizen then you are permitted to travel to the US in certain circumstances without a visa under the ESTA visa waiver program. The ESTA visa waiver permits travel for certain business or tourism activities for periods of up to 90 days with no option to extend the period granted.  You must leave the US before the 90 day period is complete (the actual permitted time period is dictated by the Border Control Officer on entry so you will need to check the date stamped in your passport to ensure there is no risk of overstaying).  While the ESTA authorisation is valid for 2 years, be aware that if you go to Canada, Mexico or the Caribbean at the end of your 90 day period, you may encounter a problem when you attempt to re-enter the US if the CBP Officer thinks you are trying to "reset" the clock by making a short trip out of the U.S. and re-entering for another 90-day period, in which case you can be denied entry. If you are denied entry you will no longer be eligible to use ESTA and will have to obtain a visa for any future travel to the U.S.

Activities that are permitted under ESTA visa waiver.

Activities that are most relevant to musicians that are permitted without a visa under ESTA include :

1.         attending and/ or participating in social events such as conventions and conferences, for example the SXSW convention,( ie you could play a number of official SXSW gigs but not anywhere else,  whether paid a fee for your performance or not);

2.         performing at an amateur event (ie at a wedding or party) if there is no remuneration, though be aware that if claiming you are an “amateur” musician for a visa this time, then it may compromise your position with regards to applying for professional O or P temporary working visa in the near future;

3.         coming to utilise recording facilities in the US, (as long as no public performances will be given, and the recording will be distributed and sold outside the US only);

4.         coming to participate in a cultural program that is sponsored by the sending country, the performance will be before a non-paying audience and all expenses including per diems will be paid by the foreign government.

It is important to remember that the purpose of the ESTA visa waiver is temporary business and / or tourism, and you will need to be ready to prove your intentions are temporary and that you have ties to your residence in NZ, that you have the financial means to carry out your intended activities, and that your activities are within the permitted range of activities if need be.

The process of applying for the ESTA visa waiver is very simple and straightforward, so, if you are certain that your trip is going to be for 90 days or less, you are not otherwise ineligible to use ESTA, and your activities are firmly within the permitted activities listed above, then save your self some time and money and use the ESTA visa waiver, which costs a mere $14 and takes about 10 minutes to complete online. If you have previously been denied a visa or entry into the US, or you are ineligible to use ESTA for some reason (conviction of crime involving moral turpitude, drug charge, more than 1 DUI etc) then you will need to apply for a B visa.  If your activities are beyond those described here then you most likely will need to apply for a temporary working visa.  If you have any questions then please contact us.

When to use ESTA or a B1 visa when travelling to the US on business

Recently I have had several people asking me when or if they should apply for a B1 business visa as opposed to using the ESTA visa waiver when travelling to the US on business.

Basically the ESTA visa waiver permits all the same business activities as the B1 business visa, except the maximum period allowed in the US under the ESTA visa waiver is 90 days whereas the B1 visa will allow trips of up to 6 months at a time.  Furthermore, you can apply to extend the B1 visa from within the US should your business needs require it, whereas you can not extend the ESTA visa waiver and must leave the US before the 90 day period is complete (the actual permitted time period is dictated by the Border Control Officer on entry so you will need to check the date stamped in your passport to ensure there is no risk of overstaying).  

If you are certain that your trip is going to be for 90 days or less, then save your self some time and money and use the ESTA visa waiver, which costs a mere $14 and takes about 10 minutes to complete online. The B1 visa application will involve completing the long and involved DS-160 form online, paying approx NZ$285 for the visa application fee, and, if aged between 14-79 years of age, attend an interview at the US consulate in Auckland.  

If you anticipate that your trip may be longer than 90 days, or you are ineligible to use the ESTA visa waiver for some reason you will need to apply for a visa.  Ineligibility may be due to a certain physical or mental illness, arrest and/or conviction of a “crime involving moral turpitude,” or use of illicit drugs.

Determining whether your conviction was for a “crime involving moral turpitude” can be complicated and you may wish to consult an immigration lawyer before you apply for ESTA if you are unsure.

A single DIC/DUI conviction is not a crime involving moral turpitude and is therefore not a ground to deny entry into the U.S under ESTA, meaning you may still enter the US on an ESTA visa waiver if you have only one DIC/DUI conviction.  If you have more than one DIC/DUI conviction, have been charged with using illicit drugs, or have been convicted of or punished for a crime involving moral turpitude (regardless of how long ago or whether the conviction was recorded – the clean slate rules do not apply) then you are ineligible for the ESTA visa waiver and must apply for a visa. 

If you have any questions regarding the nature of the offence you have been charged with, or whether you need to apply for a visa, feel free to contact us.

It’s December already...

It’s December already which means for many NZers it is the season to process their new or extension US non immigrant visas while returning back home to NZ for the holidays, which means things can get pretty busy at the US consulate here in Auckland. If this is you then you need to move quickly if you want to have a chance at scheduling an interview before Christmas.

In order to process your visa you need to first of all complete the non immigrant visa application form DS-160 online, upload an acceptable passport photograph and pay the visa processing fee before you can then schedule your interview.  if you are applying for an extension of the same visa without change, you may be eligible to forego the interview and just mail in your visa application, though make sure you have left yourself enough time for the consulate to mail back your new visas and passports before you return to the US.  

For more information on the process please see the US consulate webpage here https://nz.usembassy.gov/visas/how-to-apply-process/, and otherwise feel free to contact me if you would like any help with the process.

 

Merry Christmas and Happy New Year!

Having trouble getting that NON IMMIGRANT VISA for the USA?

 

There are what seems like an overwhelming number of different temporary visa options to cover stays in the United States from a few days to several years, each with their own set of criteria and requirements. The website www.uscis.gov is a great place to start finding out about the various options, but a consultation with myself or another reputable US immigration attorney will help you determine which is the best visa option for your needs.