hello,
I didn't say it is not possible to go to the USA and be trained there , I said It 's
technically illegal to go to the USA for an aviation training under a B1-B2 or visa waiver program when the TSA want an M1/F1/ or J1 visa.(if they dont ask you for a student visa , they are not respecting their own procedures and the DHS laws)
I know they can not issue an M1 visa, nobody can issue legally an M1 visa for this type of training.It is not possible to be trained and be legal even if you are sent by a Swedish School.
It is a DHS problem.
Pilots who have been accepted by the TSA with no visa and went to the USA for training are just lucky .They risk to not be accepted and be sent back home by the DHS.
The TSA knows it, Schools know it, Students dont know it.
Schools are using this loophole in the system to enroll students in their course knowing that some pilots are simply turned down and will simply lose their money.
Do you think It amuses me to write this on this forum?this is now one year I am dealing with different governmental agencies who are not answering to my questions so much they are embarrased.
I have an inspector at the DHS who is working personaly on this problem, and he told me there is effectively a big problem.
And guess what? he is scandalized by this because terrorists are coming and are taking training in the USA with no visa...!
if I read the USCIS website, the law is clear, you need a visa to go for a training in the USA. they do not mention anything about visa waiver and if you say it is an upgrade , I would like to see your evidences (please,printed by a US agency and not a privat school)!
the only legal way to go to the USA for a type rating is to have an M1 visa, or be sent by an airline.
at this time, there is no legal way for an initial type rating(self sponsored) in the USA.
--------------------------------------------------------
Candidates seeking
flight training fall into one of four categories. A brief explanation of the categories follows:
Category 1-
- Candidates who seek flight training in the operation of aircraft with a maximum certified takeoff weight greater than 12,500 pounds but do not fall into Category 2.
A/C over 12500lbs is a TRAINING...not an UPGRADE.
08/25/2005]
Taking flight training without an appropriate visa could be a violation of your immigration status and
could result in your arrest and removal from the United States;
if you don't have a Student Visa , YOU VIOLATE the law and you can be arrested.
Again here, they say it is a flight TRAINING meaning you need a STUDENT VISA.Visa waiver and B1-B2 visa are for business or tourism...NOT FOR TRAINING
therefore,
it is important that you have a visa that permits you to take flight training in the United States. If you do not possess the correct visa, or if you have questions pertaining to your visa status or the appropriate visas for flight training, please contact your local Bureau of Citizenship and Immigration Services at 1-800-375-5283 or at,
http://www.uscis.gov or the State Department Consular Affairs Office for assistance. The AFSP will deny flight training requests from candidates
who are present in the United States illegally or who do not have an appropriate visa for flight training.
Fees paid for denied applications are not refundable.
Legally the DHS can deport you if they catch you in a sim with or without TSA authorisation,
Legally the school becomes illegal as you are in the USA illegally.
with or without supporting documents from your school.
whatever you do, if you are making an initial type rating in the USA, even if you are sent by a school from Europe or not. You are technically ILLEGAL and you MAY be prosecuted, arrested, interrogated, investigated, deported, and banned from the USA!!!!!!!
(they won't, because you have money invested in a US business and USA is corrupted!!!)
everything is printed black on white!