Mayday1215,
I was answering slim_slag when you posted so I did not see it till now. I believe I answered most of your questions in my response to slim_slag.
You gave an example of going to Disney, seeing a flyer and now wanting to go learn to fly. The person would have to apply for a change of status if they are on a Tourist Visa and wait for the change of status to be granted prior to commencing training. This rule was written with that in mind. If you are on a Visa Waiver, you cannot train since you are not allowed to change your status on the Visa Waiver Program.
Visa Waiver Program (VWP)
What Are the Disadvantages of Using the VWP?
If the INS admits you under the VWP, you may not change or extend your nonimmigrant status. If the INS denies your admission, you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order. Therefore, before using the VWP, you should carefully consider your options.
Here are two parts of the rule
"Requiring Change of Status From B to F-1 or M-1 Nonimmigrant "I did not previously quote:
Why Is This Change Limited to B Nonimmigrants?
In the process of drafting this rule, the Service considered making its requirements (i.e., that nonimmigrants obtain a student visa before being able to take courses) apply to anyone in the United States not currently in student status. Such a requirement would be broader than the rule as presently drafted, which applies just to nonimmigrants in B-1 or B-2 visitor status.
B nonimmigrants generally enter the United States for purposes of tourism or for a business trip. Pursuing a course of study is inconsistent with these purposes, and thus inconsistent with B status. However, pursuit of studies generally is consistent with most other nonimmigrant statuses, and thus such a broader rule could have unintended and overly burdensome consequences for such nonimmigrants. For some, such a J-1 au pair or an H-3 trainee, the courses might be an integral part of the program for which they obtained their status. For many dependent spouses, such as H-4s, derivatives of A or G diplomats, or NAFTA TN-2s, studies may be their only permissible pursuit while accompanying their spouse who is working in the United States. Dependent children are, in fact, expected to attend school. Even some principals in nonimmigrant status (e.g., H-1Bs, L-1s) may take courses incident to status to enhance their professional development. Requiring that these individuals change to F-1 or M-1 status in order to pursue studies would eliminate their ability to attend part-time, since by statute F-1s and M-1s must be pursuing a full course of study and since a nonimmigrant is prohibited from holding more than one nonimmigrant status while in the United States.
Sec. 214.2 Special requirements for admission, extension and maintenance of status.
* * * * *
(b) * * *
(6) [Reserved]
(7) Enrollment in a course of study prohibited. An alien who is
admitted as, or changes status to, a B-1 or B-2
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nonimmigrant on or after April 12, 2002, or who files a request to
extend the period of authorized stay in B-1 or B-2 nonimmigrant status on or after such date, violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study. Such an alien who desires to enroll in a course of study must either obtain an F-1 or M-1 nonimmigrant visa from a consular officer abroad and seek readmission to the United States, or apply for and obtain a change of status under section 248 of the Act and 8 CFR part 248. The alien may not enroll in the course of study until the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has approved the alien's application under part 248 of this chapter and changed the alien's status to that of an F-1 or M-1 nonimmigrant.
As for your question:
I personally think it is more complicated then it seems. What if before the student arrive in the USA, the school has their background check done by FBI. Wouldn't that be good enough reason for INS to believe that the potential student is not a potential terrorist? After all the INS wants to stop the terrorists from coming to USA, right?
Will this be good enough?
NO To train it must be with an F-1, M-1, or J-1.
I hope this answers your questions,
Capt. Richard J. Gentil, Pres.
Naples Air Center, Inc.