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He doesn't qualify for a visa, because a part 61 cpl doesn't require a full time course of study for the duration of his visit. (That would be: 8 CFR 214.2(f)(6) and 214.2(m)(9))
Where do USCIS say flight training isn't vocational? The M-1 Visa is for vocational training! Why does noone have any source for these 'new rules'. I've yet to see anything which indicates a visa is required. |
I've come across this line before, and it could well be correct.
The problem is a practical one.
You turn up in the USA and tell Immigration you are going there for flight training. The officer's last job was packing burgers at MacDonalds.
He has heard of 9/11.
Flight training = 9/11 = terrorist.
His heart rate will hit 140 (it probably idles around 100, being an ex burger bar skipper).
He has a big gun and this boosts his confidence.
You have A BIG PROBLEM!
This sort of thing, Part 61 school, and not mentioning the purpose of the trip to Immigration, has been done loads of times especially further back in time, but you need to find a U.S. flying school which a) understands the regs, b) is willing to listen you your explanation of why you don't need to bring an original copy of the U.S. Constitution, c) is willing to take the risk on a TSA audit by an officer who doesn't understands the regs either (and whose last job was probably at MacDonalds too), d) can be bothered at all in dealing with you when they can train any number of locals who don't ask questions, don't cause trouble, and understand the culture. There aren't many of those schools now.
My experience of U.S. Immigration is exactly as I describe and I would rather spend the day in London getting the visa. It does narrow down the choice of schools because you have to go for a Part 141 school but if you avoid the big ones in Florida (which I gather are currently full of students from India) there are plenty left. I went to Arizona which is super in the winter; great weather with no downtime.