The interpretation of the legislation concerning entry into the USA under the Visa Waiver Scheme as given by Naples Air Center Inc appears incorrect for the following activities:
1. If you are going to train for the FAA Private Pilot Licence
2. If you wish to convert your JAA licence to the FAA Private Pilot Licence
Both of the above activities are non-vocational or recreational training activities leading to a non-vocational licence. Both activities can, therefore, be carried out during a vacation in the USA after entry by the Visa Waiver Scheme, the B1 visa, or the B2 visa.
The Visa Legislation
The Visa Waiver Scheme allows visits to the USA for vacational or business purposes. Vacational purposes include touring the country by aircraft, car, horseback, or by any other means of transportation. Vacational purposes also include training for sports such as flying, sailing, parachuting, or any other recreational activity. The Visa Waiver Scheme makes no mention of, and does not exclude any recreational activity such as flying in its legislation.
(Reference:
http://www.ins.gov/lpBin/lpext.dll/i...ment-frame.htm )
Student Visas such as the F-1, M-1, J-1 visas are required for academic studies or vocational training. Vocational training includes commercial flight training courses. Non-vocational or recreational training activities are specifically excluded from the Student Visa legislation.
(Reference
http://www.ins.gov/graphics/services.../StudVisas.htm )
Our Experience
We brief our customers before they leave for the US as follows:
1. to provide the accommodation address of the flying school
2. to declare that the purpose of the visit is a vacation
3. to state that during the vacation they will be engaged in non-vocational flight training
4. to answer all questions asked by the immigration officers truthfully.
After the terrorist attack of 9th September 2001 the immigration authorities contacted our school and requested that our customers are provided with documentation including details of the flying school and the courses offered. This has been effected and is currently accepted by the immigration authorities at all ports of entry used by our customers.
Since 9th September we have had many customers from all over Europe who have entered using the Visa Waiver Scheme. Most enter the US after routine questions; some are questioned further and are required to show the school’s documentation. A few are subsequently interviewed and the school is contacted so that the purpose of the visit can be verified.
None of our customers have been refused entry to date
Conclusion
The above information has been carefully verified and checked by our lawyer who practices immigration law in the USA. However, the content of this response is also an interpretation, albeit informed interpretation. As there is no appeal against entry refusal, it is unlikely that any interpretation of this legislation will be tested by a court case.
Entry into the USA cannot be guaranteed whether you are using the Visa Waiver Scheme or any other visa. Individuals have been refused entry in the past and will undoubtably be refused entry in the future. We are confident that our customers will not be refused entry solely because they are attending our flight training courses and this is verified by our ongoing success rate.
For further details on this subject, please contact me in the UK by telephone on 01992 577707 / 07770 843678 or by email:
[email protected].
Tony Cornish, President
Stapleford (USA) Inc.
Tulsa
Oklahoma 74132
USA