By RNZ

The mother of a woman detained by US Immigration and Customs Enforcement in the US says the Foreign Minister is wrong about her daughter’s situation.

Foreign Minister Winston Peters said Everlee Wihongi had been detained because she failed to declare a historical cannabis possession conviction when re-entering the US.

Wihongi has lived with her family in the States for decades and holds a green card, but was detained earlier this month when returning from a holiday in New Zealand.

Court documents show Wihongi was found guilty of possession of THC in Wisconsin in 2014.

But her mother, Betty Wihongi, said Everlee Wihongi had travelled in and out of the country several times on her green card without ever being asked to declare her convictions.

“I’m just assuming that he’s saying that she had to declare it on entry into the US. As a green card holder, there’s none of that. You would just go in. I don’t know what he’s talking about.”

Foreign Affairs Minister Winston Peters. Photo / Sylvie Whinray

She said Peters should spend more time talking to staff at the Ministry of Foreign Affairs to try to help her daughter, instead of commenting about her daughter’s situation.

Her daughter had had to apply to renew her green card, which included a thorough background check, and the conviction was not a problem, she said.

Peters said he had nothing to add about Betty Wihongi’s comments, but that the Ministry of Foreign Affairs and Trade was providing consular support to Everlee Wihongi.

He said for privacy reasons, he was unable to comment further on the details of the case.

Betty Wihongi said her daughter’s court date had been set to June 10, and Everlee Wihongi was “very anxious” about what would happen.

“It’s demoralising being where she is and I think it’s hard for everyone in there.”

Applicants advised to be upfront

A consultant who helps New Zealanders with US visa processes says New Zealanders with a US green card should be upfront about any previous convictions when entering the US.

Kevin Park, who runs Concord Visa’s New Zealand branch, said a green card is not a passport and does not mean guaranteed rights to re-enter the US each time.

He said New Zealanders with a US green card who had prior convictions should seek advice before they travel out, on what re-entering could look like.

Park said what New Zealanders may consider as small charges – such as possession of marijuana – could be taken seriously.

Kevin Park runs Concord Visa's New Zealand branch.

He said it was difficult to say what could happen to Wihongi without knowing all the facts, but he said any false declaration at the border would not have helped.

“The fact that there could be ... a lie – a tick box that said no criminal convictions – that could be a worse outcome, and it could’ve been a different result if they declared early on this, and dealt with it head-on, so I think it’s probably not going to be helping this case at all if indeed she wrote no,” he said.

He said previous convictions were also getting picked up earlier with anyone applying for the Approved Electronic System for Travel Authorisation (ESTA).

Any declarations of previous convictions in the ESTA process could lead to a denial of entry, or a request for an interview, Park said.

– RNZ