PPRuNe Forums - View Single Post - WARNING - To anyone considering flight training in the USA
Old 6th March 2003 | 01:53
  #48 (permalink)  
Naples Air Center, Inc.
The Oracle
 
Joined: Aug 2001
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From: Naples, Florida U.S.A.
Campbell,

The reason they address the B Visa and not the Visa Waiver is because the Visa Waiver is not a Visa, so you do not have a Visa to change from, in order to allow you to do any training. There are threads already on this in this forum.

Here are the highlights:

Why Is the Service Instituting This Change?



The terrorist attacks of September 11, 2001, highlight the need of the Service to maintain greater control over the ability of an alien to change nonimmigrant status once the alien has been admitted to the United States. This interim rule will allow the Service to fully review any request from a B nonimmigrant to change nonimmigrant status to that of full-time student before allowing the alien to enroll in a Service-approved school. The elimination of the ability of a B nonimmigrant to begin classes before receiving the Service's approval of the change of nonimmigrant status is also consistent with the Act's requirement in section 101(a)(15)(B) that a B nonimmigrant not be a person coming to the United States for the purpose of study.

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.
Then you go to the Visa Waiver Program information at the U.S. Embassy London Website you will find:

Transit under the Visa Waiver Program
Travelers who qualify for visa free travel under the Visa Waiver Program are eligible to transit the United States. Application for entry is made on the arrival/departure form I-94W provided by the airline or shipping company. If transiting the United States to a destination in Canada, Mexico or the adjacent islands, the traveler may re-enter the United States on the return journey using any mode of transport, as long as the total visit, including both periods of time spent in transit and in Canada, Mexico or the adjacent islands, does not exceed 90 days. If transiting to a destination outside of Canada, Mexico, or the adjacent islands, the return journey must be on a participating carrier, but need not be within 90 days, as the traveler will be required to make a new application for admission and therefore, required to complete a new arrival/departure form, I-94W. Travelers transiting the United States to take up residence in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of these areas.

Important reminder: Visa-free travel does not include those who plan to study, work or remain more than 90 days. Such travelers need visas. If an officer of the BCIS believes that a visa-free traveler is going to study, work or stay longer than 90 days, the officer will refuse to admit the traveler.

A student wishing to attend a university or other academic institution in the United States requires a student (F-1) visa; those wishing to attend a vocational or non-academic institution require an M-1 visa. Holders of visitor(B-2) visas and those who have entered the United States visa free under the Visa Waiver Program are prohibited from entering into full-time study.

Nonacademic (M-1) Visa: A student wishing to pursue a course of study which is not principally academic in nature at an established vocational or other recognized nonacademic institution such as a post secondary vocational or business school requires an M-1 visa.
But once again, do not take my word for it. Check with the U.S. Embassy in your country.

If you were to use common sense, ask yourself why would NAC, OFT, EFT, IFTA, Comair, Embry-Riddle, and many others in Florida (there are many more schools in other states too) spend tens of thousands of dollars a year to offer the Visas to students at no charge. How would a school benefit from this?

Then take what happened on 9-11. The U.S. Government is going to stop this from happening again. There are people in the thread saying the U.S. Governments is so dumb, they are going to leave a huge hole open for potential terrorists to enter the country without a Visa (and Background check for that matter) because they are going to go to a small school to learn to fly. In the U.S. every flight school, no matter how small, can train someone all the way to ATP. Does common sense tell you the U.S. Government is going to leave that gaping whole in their security so we can have a second 9-11?????

Do not take my word for it, talk to the source, the U.S. Embassy in your country!

Richard

P.S. I just do not get why people are so afraid of a simple two week process that actually allows them to enter legally. They would rather risk deportation by trying to fool an Immigration Officer upon entry to the U.S.
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