Just because it's worked for you previously doesn't mean it's legal.
You are inferring that I hid something from either the consular officer or the immigration officer at the point of entry. I did not, and I have written evidence that I did not.
People who enter the US on a visa waiver and take flight training violate immigration laws, even if it is a couple of hours. People who enter the US on a B1/B2 and take flight training do not.
In the definition of course of study, the key element from Gomrath's reference is
a full-time course load [...] leading to a degree or some type of certification
which is why they clarify it with the 18 hour / week description, so I
disagree with your BigGrecian's claim that
The term course of study has nothing to do with maintaining 18 hours of study etc etc
The guidance document that Gomrath quotes actually predates the TSA-approval process. A lot has happened since then...
So go form your own opinion
Here is mine :
- if you enter the US for an ab initio PPL training, with the intention of going all the way to the checkride, you are entering a "course of study", leading up to certification so you cannot do that on a B1/B2-visa. I'm sure that if you asked the Embassy, they would say no.
- if you enter the US for 10 hours of flight training, with the aim of getting your long cross country out of the way during the Indian rain season, you can do that on a B1/B2. I'm sure that, if you asked the Embassy, they would confirm this.
- as for things in between those, it clearly depends : Two weeks of study towards a PPL, without certification, can be done on a B1/B2. The same goes for 1 week finishing up and doing the PPL checkride. Or adding a multi-engine rating to your existing commercial certificate.
- clear no-no's would be : an EMB-195 type rating course; a complete instrument rating course;
I've seen a part 61 raided in Florida and all those on waivers and B1s were "offered" the ability to depart the USA within 24 hours or go through deportation proceedings - I'll give you once guess what they chose.
The only raids I know of were schools where B1 visa holders were CFIs making a few bob on the side. No surprise that US Immigration sent those guys/gals packing, and rightfully so ! That was in California, but I imagine it also has happened in Florida.
But for those B1s not on the work roster, unless they had booked a full time schedule for the next x weeks, clearly indicating "enrollment in a full course of study", US Immigration would face an uphill struggle with their deportation proceedings.