Flight training on B1/B2 Visa

[captain_murray]

Hi all,

I am currently working in the Florida on a yacht, I have a B1/B2 vis which allows me to work in the states on a vessel which is not USA registered.

I am looking at taking a bit of time off and want to do a 21 day JAA ppl in florida, heres the issue, it is generally excepted that a M1 visa is required to enter the USA with the purpose of flight training then before training begins you have to do the TSA verification backgroud check, however as I said I am already in the country and do not need to speak to Immigration

do I still need a m1 visa??
i know it is possible to apply to change visa status from I-539, but as I will continue to work after the course I dont want to change my Visa status if its not 100 % required

There seems to be lots of views on this depending who you speak to. Schools who are authorized to issue I-20 forms say its definetly required and the others, which theres lots of dont.

Reading the US immigration info is very difficult as the information is so general you could take it anyway i.e they say for a vocational student course you must have M1 but JAA ppl isnt a vocational course as its only a private license, not commercaiL!

any help would be much appreciated! thanks

also if anyone can suggest a good school in florida, ideally around fort lauderdale it would be much appreciated!

[selfin]

See OIG special report May 2002. Chapter 2-III, footnote 10.

Special Report

[B2N2]

8 CFR � 214.2(f)(6). Students who do not meet these hourly requirements do not qualify for an M-1 or F-1 visa. However, they can be admitted under a B-1/B-2 visa if the inspector determines that their course of study is incidental to their primary purpose of pleasure or for a business related purpose

This paragraph does not apply to murray, he is already in the country and flight training does meet the hourly requirements since it is a full course of study for three weeks.

If I can refer to the sticky about SEVIS and M 1visa's for a moment:

NO flight training under Category 1, 2, or 3 (49 CFR 1552.3) should be conducted for ANY alien who has entered the U.S. in B-1 or B-2 (visitor's) status. It is a violation of the status under which the non-immigrant visitor entered the U.S.

A change of status to M-1 or F-1 is permitted once the candidate has entered the US, only if the candidate applies prior to enrolling in and attending a flight-training course.

Only FAA Certificated Part 141 and/or 142 schools approved and participating in SEVIS program are authorized to issue an I-20 form to a prospective student upon enrollment into a course; the prospective student must request the change of status and receive the subsequent Student Visa.

So you need to request a change of status.
Here is your problem murray; if you change your status to M-1 are you still allowed to work on the vessel that currently employs you?
A M-1 visa does not allow work, so I don't think so.
It is my interpretation at least that you can do one or the other, not both.
So B1>M1>B1.

But I am not a visa attorney so make an appointment with the INS in Miami and have them figure it out.