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-   -   M1 Visa or no Visa and SEVIS approved schools in the USA (https://www.pprune.org/professional-pilot-training-includes-ground-studies/418519-m1-visa-no-visa-sevis-approved-schools-usa.html)

proudprivate 4th Jun 2012 12:47

Indian CPL trainee to FAA PPL conversion & VISA issues
 
For the VISA, I would ask the specific question to the US Consulate and get a written answer. Provide them with the name of the training facility, indicate that the facility is TSA approved and you'll apply as soon as you have confirmation from them, and that the total amount of training would be limited to xxx flight hours and yyy hours of ground school over a 2 week period only.

My guess would be that, provided the training programme would be a 1-2 week finish up at a part 61 unit, the B1/B2 would suffice for them, assuming it's valid for 10 years (i.e. until 2020).


VFS New Delhi: [email protected]
VFS Helpline: +91-(0)120-661-1411
Now, as far as the FAA PPL itself is concerned, indeed you do need
- FAA third class medical
- FAA written test passed (I don't think there is an authorised centre near India, so would have to sit the test in the US near your flight school), although with your flying experience, studying for that wouldn't be too hard.
- FAA oral exam, which is hard. Reading the ASA book is a good start there.
My guess is that it would take you some non negligeable amount of regulation study (assuming you're familiar with all the other topics) and that this might be quite an effort if you then don't have a direct use for the FAA PPL.

If you're only out to get the long cross country, I would follow the same strategy as regards VISA, TSA etc... That wouldn't take more than a week with aircraft / airspace familiarisation. And the probability that the Embassy people would say yes goes from 75% to 95%.

BigGrecian 6th Jun 2012 00:05

You could ask the embassy but they're not the ones who enforce regulations and any course of study is PROHIBITED explicitly in the B1/B2 laws nor have any jurisdiction when your actually here in the USA.

See previous posts.

Any school to take you would be stupid to train you with a B1/B2.

razzy 6th Jun 2012 02:14

Thank you both for your responses.
M1 it is. I'll steer clear of any further suggestions to train on a B1/B2.

proudprivate 6th Jun 2012 08:59

The "B1/B2 laws" ? Consular officers having no jurisdiction ? Now, now...

When reading the relevant CFR paragraphs, you quickly end up with asking yourself "What is a course of study" - see my post of 6th May.

It is very debatable whether a "finish up" programme where you only need a couple of hours of aircraft/airspace familiarization + maybe 1 or 2 topics in the syllabus that need refreshing is a "course of study".

I've used my B1/B2 with full knowledge of both the consular officer in my country and the immigration officers at the port of entry that I was (going to) enter the US for business or pleasure and was going to receive some flight training, leading to an FAA certificate (I had announced that I was finishing up and going for the check ride).

By contrast, if you are having one week of flight training on an M1, and then visit your relatives for 3 weeks, you might have a problem, because the M1 is supposedly for a "full course of study", which you then are not attending.

What you guys fail to see is the purpose of it all. The immigration status M1 vs B1/B2 distinction is to avoid that foreigners enter the US and enroll in full blown courses (like ab initio to CPL/ME IR) while claiming to be a tourist.

The security threat in relation to flight training by foreigners (aliens) is monitored by the TSA, which is why for most flight training categories towards certain certificates, you need TSA approval, also for 1 or 2 week training stints.


Any school to take you would be stupid to train you with a B1/B2.
Depends on what you mean by "school". A part 61 unit with TSA approval could be precisely what rassy needs, especially if he's just looking for someone assisting him with his long cross country towards his Indian PPL.

And they would be happy with his business.

BigGrecian 7th Jun 2012 16:54

Just because it's worked for you previously doesn't mean it's legal.

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 law is extremely clear and they don't hesitate to enforce it.


(7) Enrollment in a course of study prohibited. An alien who is admitted as, or changes status to, a B–1 or B–2 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.
The term course of study has nothing to do with maintaining 18 hours of study etc etc - that is the requirements to fulfill the M1/F1 continued status.


By contrast, if you are having one week of flight training on an M1, and then visit your relatives for 3 weeks, you might have a problem, because the M1 is supposedly for a "full course of study", which you then are not attending.
This is well within the privileges of a student visa. You may enter upto 30 days prior to your report by date and if you complete your course of study you also have a 30 day grace period.

At the end of the day it's down to your discretion and I know which way I fall given the consequences I first hand witnessed.

Gomrath 9th Jun 2012 15:56

A "course of study" is well defined in the attached letter that I provided the link to above: Here again ==> http://www.eandvh.com/engine/pubs/ge...spx?id=40&dl=1

quote:
The term "Course of study" implies a focused program of classes, such as a full-time course load leading to a degree, or in the case of a vocational student, some type of certification... Courses with more substance or that teach a potential vocation, such as Flight Training, would be considered part of a "course of study" and would thus require approval or a student status.

So go form your own opinion.

proudprivate 11th Jun 2012 20:22

I've formed my opinion
 

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.

razzy 13th Jun 2012 03:05

Based on the additional information given by you, ProudPrivate, I've written to the US Embassy, requesting them for confirmation of the visa I can legally travel on for finishing my PPL requirements (carried forward from India). The only trouble is that I wrote to them three weeks ago and they haven't said anything till now.

If they don't respond by the end of the week I think I'll move forward with M1 processing, which will take some time to get done.

Gomrath 1st Jul 2012 22:41


Originally Posted by proudpilot
which is why they clarify it with the 18 hour / week description, so I disagree with your BigGrecian's claim that

What you may have omitted was the comment"

quote:
"..Courses with more substance or that teach a potential vocation, such as flight training, would be considered part of a "course of study" and thus would require approval of a student status. ..."

So in that instance 18 hours is irrelevant.

pj99 19th Jul 2012 15:02

m1 visa ppl states - required or not .... i ididnt bother .....
 
reading this thread yonks back , i was concerned about going to the states to train for a ppl ....

i had got my tsa clearance ,, and the school ( actually its more like a club) which trained me was ready to teach me...


some weeks before flying out , by chance i came across this thread - "m1 visa required" ,,,,

the school which i got tsa clearance is not on servis or sevis - more importantly theyd never even heard of sevis/ servis - and definatley could nt issue me the i 20 form ....

feeling that id just chucked the best part of £250-£300 down the drain on a useless tsa clearance - i bought a plane ticket and went away ......

going wvs all the way !


2 and half months later - ive got my ppl ,,,




i did worry at first ,but as the hrs built up , i soon stopped ,,,

if i could have got an m1 visa - i would have done ,,,- but since the school was in the strange position of being on the tsa books ( registered provider) , but yet unable to do m1 visas - i had no choice ....plus ,, i really liked the look of the school (and the hrs were cheap)


interested to know of others with same experience....

GoAroundAgain1 19th Jul 2012 19:46

What about this?
 
How would you go about getting the M1 visa if you were either out there on a visa waiver or working visa? I plan on being in Florida for the winter while i am there I am going to get my PPL. I dont know yet if I'm going to go over on a visa waiver or if im going to go over for a year or two and work(non-avi related)

What do ye suggest??

pj99 20th Jul 2012 00:09

cant help u mate - the nearest i got to an m1 was a call to the embassy - i believe that strictly speaking if you are going to the states on a vwp - you havent even got a visa in the first place -certainly not a visa to change anything into - in this case an m1...
perhaps if you had a b1 visa (which i think is still a tourist visa of sorts ) you could change it to something whilst you are out there - but since vwp is nt actually a visa (hence the "waiver" bit) youve got nothing to change it to...

to be honest it does all seem a waste of time ... tsa checks is one thing ,,, checking if youre dodgy or not ... well n good - but why the hassle and expensive of replicating this check again for a pox*y m1?- especially if your from ,,, dare i say ,,, a so called ally ??

i

OldCrow01 4th Aug 2012 13:00

I-20 cancellation on M1 visa for flight training
 
Hi Guys,

OK here we go. I am new on this forum.
We have an issue with flight schools in the USA regarding I-20/M1 visa. Two flight schools, two opinions/interpretations.
I am inbetween them and need a verifyable document/reference about the official view of the US authorities.
I support a foreign student for his flight training and recently we changed to an other flight school.
The new school can not issue an I20, the old school will cancel the I20 that they supplied us with during our visa request about half year ago. We got an M1 visa. TSA approval is OK. Visa status is at doubt.
New school says; I20 not required, continue training with us.
Old school says; I20 cancelled, so leave the country within 15 days.
I need HELP SOON to figure this out.
1) Does the cancellation of the I-20 has yes/no consequences for the student?
2) Can the student stay at the new school, with a cancelled I-20, but with his present valid and correct visa?
3) Does the student risk deportation if we continue at the new school?

4) Is he in any way in a illegal status right now or if he continues to stay in the USA with a cancelled I-20?

Thanks.

peterh337 5th Aug 2012 10:52

I don't drop in here often, but I went through this in 2006 for my FAA IR (there are some TSA/Visa notes in that article; not necessarily up to date) and it's amazing that the same arguments go round and round 6 years later.

Do be careful with getting the I-20 and then changing schools.

When I started on the FAA IR in 2005 (the FAA PPL and CPL I did in the UK, at now defunct outfits) I was going to go to a US Part 141 school called CRM, who used a UK instructor as their "agent" here. They refused to communicate with me directly (as I found out too late). I went through the Visa process with them and they sent the I-20 to the instructor's UK address. No problem, but he was abroad for a while so the I-20 got lost.

I then cut my losses and did another I-20 with the school I eventually used (Chandler Air Service at KCHD). They were great and I completed the IR there no problem.

2 years later I flew to the USA for a 2-day private visit. The Immigration official found on his computa' the original CRM Visa, with a note (from CRM apparently) that I started training but did not complete. His little brain went Click Click Click (his last job was MacDonalds but this time he had a big gun) and he thought "this man trained to fly and not land". I got taken away and got a disgusting interrogation, in a room full of Africans who looked like they stowed inside some 747 landing gear, who were periodically yelled at by the guards, etc. I tried to talk to the 2 staff members present who were going through some paperwork but they were exMcD too (thick as a plank). 3 hours later I got out of there, accompanied by a Customs guard who did have a brain. I explained to him (as I tried with the others) that it would be trivial for them to check faa.gov and see that I had the IR, completed the training, etc. He may have been ex-McD too but hey he knew what "internet" was and he said they have no access to the internet :ugh:

Luckily my connecting flight was 4 hours later so I didn't miss it.

After my return to the UK I tried to communicate with CRM to get this sorted. I was told by TSA (?) that only CRM can remove that "training incomplete" comment, but they refused to co-operate. TSA and Immigration refused to help.

Now I have a new passport without the M1 Visa stuck in it, so maybe I might risk entering the USA again :)

Unlike many Europeans, I am not at all anti-American (I do business with them all the time) but they do need a better system... and you need to be very careful changing schools if you have already got the M1 in the passport.

Gomrath 5th Aug 2012 21:39


1) Does the cancellation of the I-20 has yes/no consequences for the student?
2) Can the student stay at the new school, with a cancelled I-20, but with his present valid and correct visa?
3) Does the student risk deportation if we continue at the new school?

4) Is he in any way in a illegal status right now or if he continues to stay in the USA with a cancelled I-20?
(1) Yes - once the Visa is cancelled - you are out of status and have to leave.
However, it is unusual for a Flight School to simply 'cancel' a visa if you are in good standing with that Flight School. If however, they felt you were not maintaining the required standard - or if you missed lessons etc - then they are within their right to terminate your visa.
(2) No - once your I-20 and therefore the visas in passport with the original School is canceled then you are out of status and must leave the US.
(3) Yes - most certainly. No visa then you are considered out of status and can be removed from the US.
(4) No - you need to leave the US and commence the process again to apply for a new visa and a fresh TSA submission.

OldCrow01 7th Aug 2012 10:40

Thanks guy for the messages.
So we are in big :mad:
Two more things keep me now busy:
5) We are inbetween two camps now. Can you supply us with documents / references that show the official standpoint of the lawmaker?
6) Can the old school undo the cancellation of the I-20? Or do we have to go back to the home country and start the whole I-20 / visa process all over again?
I have made the same questions to the AFSP and DHS.
No answer yet.

B2N2 7th Aug 2012 15:00


I support a foreign student for his flight training and recently we changed to an other flight school.
The new school can not issue an I20, the old school will cancel the I20 that they supplied us with during our visa request about half year ago. We got an M1 visa. TSA approval is OK. Visa status is at doubt.
New school says; I20 not required, continue training with us.
Old school says; I20 cancelled, so leave the country within 15 days
What does the "support" portion mean?
If the new school cannot issue an I-20 you cannot train there since you cannot get a visa without an I-20.
If your "student" has been in the country for more then 6 months, with or without an I-20 there can be no change as this is only allowed within 6 months of entry.

Hans, understand two things:
The school is held responsible for the person holding the visa.
At any time the school can get a call from DHS or TSA asking about the whereabouts of a certain student. The school has to be able to say " student A is flying with Instructor B and they are expected back in two hours" or " student A is at home studying for the PPL written test and he is scheduled again tomorrow at 8"
A school can lose their I-20 issuing authority if they do not keep a tight reign on this.
So if a student fails to show and or intends to do training at a school which is not authorized to do so they HAVE to cancel the I-20.

A M-1 visa is nothing but a vocational study visa, it can apply to lots of different courses of study and is NOT exclusively an Aviation training visa.


Form I-20 is a United States Department of Homeland Security, specifically ICE and SEVP, document issued by colleges, universities, and vocational schools that provides supporting information the issuance of a student visa or change of status (F, J and M non-immigrant statuses). Since the introduction of the Student and Exchange Visitor Information System (SEVIS) of the Student and Exchange Visitor Program, the form also includes the student tracking number (SEVIS number) for the student and program.

So the Visa MUST be accompagnied by an I-20 in order to be valid.
Example:
M-1 visa in the passport is valid for a year. If the training course is three months it will state this on the I-20.
When the I-20 expires the visa is no longer valid regardless of the expiration date of the visa.
The same visa could be used again with a different I-20, even from another school if you are still within your first 6 months.

You guys are trying to get into another school that has NO I-20 authority with a cancelled I-20 from a previous school.
Not going to work.
Let us know if we can help.

OldCrow01 7th Aug 2012 18:18

Thanks agian for the comments, B2N2,

"Support", I mean, I pay for the whole show.
Yep, new school says: can not issue I-20, and is no problem.
Just talked to USCIS and had a reply from DHS / AFS Help.
In short: with a cancelled I-20: LEAVE THE COUNTRY, period.

The new school is wrong.
Now what to do is the next thing;
Can you undo the cancellation of the I-20 by the old school?
Do we need to leave the conutry and start all over again with I-20, etc, etc?
Can we still transfer the cancelled I-20 to a SEVIS approved school (SEVIS approved is essential for any school, I just learned)?


We did not want this situation. He is in the US in order to be the best pilot he can be. He is very happy at the new school, but as it looks now, ned to leave because of the I-20/visa thing.

The situation keeps us busy very much.

B2N2 8th Aug 2012 13:29

Old Crow, I will send you a PM in order not too clog up this thread.

nch334 4th Dec 2012 20:43

USCIS DILEMMA
 
Hello gentlemen i need to know ASAP from anyone but particulaly from B2N2 if there has been any changes in visa requirements for TSA CAT 4 flight training status for aliens :confused:. In the recent past i have been admitted into the USA under B1/B2 visa for recurrent training but am now uncertain and unable to communicate with the relevant authorities to clarify. Please i need feedback from the Prune community. Cheers :(

Gomrath 9th Dec 2012 15:40


if there has been any changes in visa requirements for TSA CAT 4 flight training status for aliens
No known change.
However only the US authorities can provide a definitive response.

nch334 12th Dec 2012 21:04

Thanks for the feedback Gomrath but part of the problem is establishing a clear channel of communications with the authorities. Most of the lines of comms are essentialy one way through auto response computers and the embassies and consulates are inaccessable as sources of info.:ugh:
A little thread drift here am trying to locate any B727 simulators that are outside North America have tried other threads but the info is outdated.
Any one out there in the know? Thanks again:ok:

Danauk 23rd Dec 2012 20:00

Flying in USA
 
Can someone tell me about getting a CPL in USA ? I hold a UK PPL and I'm trying to go to USA and get a CPL! I don't have any information about how things work over USA , basically I'm hopping to get a license where I can work for airliner in countries where the accept FAA license ! And I would like to gt some information regarding visas or changing my jaa ppl to USA ppl what r the procedures ? Can someone please write to me and explain what do I need to do?,! Thanks everyone

Suthers 1st Jan 2013 16:56

Hey Everyone,
Im new on here and have been reading up alot on taking my PPL in FL and i have picked my FTO, sorted my medical and i am just about to start the visa process.

Before i do this i just want to check that i cant use my C1/D or B1/B2 visa that i already have as i am cabin crew for an airline?

Im sorry if this has been answered before

Thanks

B2N2 3rd Jan 2013 17:03

For sure not on a B1/B2 business/visitor visa.
A C1/D crew visa is also no good.

I find it somewhat surprising that you have picked your FTO and only now this comes up?

Suthers 3rd Jan 2013 17:55

Thanks very much.
I never really gave my visa much thought before as i use it for work but i just wanted to double check this was the case.

m4sT3R 4th Jan 2013 20:51

Another one stupid question regaring flight training and business visa.

I'm holding B1/B2 visa. I'm going to visit the US in the nearest future for business needs. I'm going to stay for about 2 months and I'd like to spend my free time for private pilot license training.

Ok, it is not legal with my visa. I can't change my visa to M1 because I'm going for business needs and I won't be able to attend at Part 141 school.

Is there any legal step towards private pilot certification in my case?
Can I take some hours training without certification (of course with TSA clearance)?
Can I get some other kind of certification? For example, recreational or sport pilot.

Thanks for help!

B2N2 7th Jan 2013 13:09

Why would you not be able to attend a Part 141 school?
I would say it is a whole lot easier to do your flying on a M1 visa with business on the side then doing your business on a B1/B2 and illegally training.
The school will get a slap on the wrist and the student is eligible for deportation with a visa violation.

Even here you will get answers from people who have done it that way or even claim it is legal but there are playing with fire.
Easy to say its Ok to go do it when you are not the one to be deported.
Despite all teh grey areas or percieved holes in the laws; training towards the issuance of a license or rating requires the correct visa.


On Friday, April 12, 2002, the Department of Justice (DOJ) issued an Interim rule through the Federal Register (Vol. 67, No.71) proposing to amend 8 CFR Parts 214 and 248. This amendment requires a change of status from any non-immigrant visitor visa (B-1 or B-2) to a student visa (F-1 of M-1) prior to pursuing a course of study.


johnnyirvine 12th Jan 2013 12:03

Part 61 FAA PPL
 
Hi all,

I have read all 10 pages of this post and found it most educational. Thanks so much. I think I have got most of the answers but would appreciate if SoCal App, B2N2 or Gomrath could clarify my particular situation.

I am intending to go to FL, US in July 2013 for family vacation and to do my FAA PPL while there. PPL intended for VFR recreational flying only. I am going for approx 4 weeks. I have quite a bit of aviation experience but hold no qualification and have only a few hours officially logged under CAA.

I have scheduled a FAA Class 2 medical and student licence to take place in a week or so. The flight school I have decided upon (but haven't commited to yet) are Part 141 and can issue an I-20. I realise that I will need M1 Visa and TSA.

I know it was briefly discussed earlier but I just need to clarify if I can do Part 61 training as Part 141 training probably could not be accomlished in my 4 week travel period. I would like to start the ground school at home before travelling, would this allow me to do a Part 61 when I get out there.

Your valuable opinion would be greatly appreciated.:ok:

SFDOC 12th Jan 2013 20:18

training
 
The regulations specifically address training for a certificate or rating. You can fly while you are in the US, but you would need to have either an M1 or F1 to apply for the rating.

We recently went over this with SEVIS and ICE for a similar situation.

Yeah112 14th Jan 2013 12:29

Visa information

The requirements for obtaining any visa are separate from the requirements of the TSA alien flight training rule.

According to INS regulations, Title 8 of the Code of Federal Regulations, Section 214.2(b)(7), any alien who is permitted to enter the United States on a B-1 or B-2 visitor's status visa is prohibited from enrolling in a course of study. Such an alien must an either obtain an F-1 or M-1 non-immigrant 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.

Part 141 Flight Schools. Only FAA Certificated Part 141 and/or 142 schools that are approved and participating in the Student and Exchange Visa Information Service (SEVIS) program are authorized to issue an I-20 form to a prospective student upon their enrollment into a course, which the prospective student needs to request the change of status and receive the subsequent Student Visa.

Part 61 Flight Schools and Independent Flight Instructors. Part 61 flight schools and independent flight instructors may train a foreign national if that alien is a Legal Permanent Resident or in a work status (H-type visa) with extended stay privileges or a refugee in Asylum status with appropriate DHS documentation. They also may train a foreign national on an F-1 (academic visa) provided that the student is still enrolled and attending the college or university as shown on the F-1 and the student has notified SEVIS of the additional training being received at a non-SEVIS approved school.

Gomrath 20th Jan 2013 16:23


Originally Posted by SFDOC
The regulations specifically address training for a certificate or rating. You can fly while you are in the US, but you would need to have either an M1 or F1 to apply for the rating.

Not true. Training may not commence without either the appropriate visa or TSA (if the training in question requires TSA).
A foreign student wanting to undertake training - can only log the flight as a scenic flight - not as training until such time as the visa/TSA is in place.
TSA will not issue the magic words "may commence training' until they are satisfied the visa etc is in place.
The flight school would be held responsible if they were to commence that training without ensuring that paperwork was in place. They are required to take copies of that paperwork and hold them on file in readiness for a subsequent audit.

cyrilroy21 21st Jan 2013 07:35

Hi everyone

I have a small query regarding the B1/B2 visa

I have been to the US twice before .

The first time was on an M1 visa for flight training . The second time on a B1/B2 visa for about 20-25 hours of flying ( as required by the Indian DGCA to be current before converting a license )

When I went for the visa interview for the B1/B2 visa the interviewer told me that she sees no reason to reject my case however put me on ADMINISTRATIVE PROCESSING , gave me pink slip with a bunch of questions and asked me to email the answers to them .
They withheld my passport with them .

I came back home , emailed the questions and one month later my visa was approved and they sent my passport back home with the annotation CLEARANCE RECEIVED . The visa had a validity of 1 year . Normally they give it for 10 years .

At the time of the interview the consular officer told me to renew the visa before it expires or upto 1 year after it expires and I should receive a B1/B2 visa for 10 years .

I have two questions

1) Should I renew the visa ?
While the visa expired in Dec 2012 , I have until Dec 2013 to decide whether to a get a new one or not .
I have no reason to visit the US in the near future . I have some relatives who have been asking me to come and pay them a visit for quite some time but other than that I have no other reason to present my case to a Consular Officer as to why I want to renew my visa .
I am also afraid that in case my application is rejected it might dampen my chances of getting another visa ( should I need one somewhere down the line )

2) On the visa application form it asks if I have ever been denied a US visa ?While application was not denied , it was put on hold pending a security clearance .
Do i answer YES or NO

All answers will be appreciated :)

Gomrath 26th Jan 2013 16:01


Originally Posted by cyrilroy21
I have a small query regarding the B1/B2 visa

To be honest nobody can give you any answers here. Only you know your own personal circumstances and you have to make your own decisions.
If the US Embassy/Consulate had cause to investigate your application - they must have had good reason and we don't need to know.

SFDOC 31st Jan 2013 06:09

TSA Vs Visa
 
Gomrath,

You are correct about the TSA item. I was simply responding to the Visa Question, I should have included that.

Also, as the new user above you (Yeah Right) a Part 61 school can provide M1 Visa training.

The Part 141 language just recently came out, and there are a number of items that Yeah Right did not include.

Gomrath 2nd Feb 2013 19:42


Originally Posted by sfdoc
a Part 61 school can provide M1 Visa training

Completely wrong.
A Part 61 school cannot provide M1 Visa training unless they have a Part 141 application in process - for the simple reason that Part 61 School cannot sponsor a foreign student for the issuance of a M1 visa in the first instance.
However a SEVIS approved Part 141 School can train the foreign student under Part 61 regulations if the student wishes.

awqward 3rd Feb 2013 12:19

Yeah112 And Gomrath what do you make of the advice on this website: Visitor Visas - Business and Pleasure

It says provided the course does not lead to credit for a degree and is recreational and no more than 18 hours a week a visit/business visa is ok

"if the purpose of your planned travel is recreational in nature, including tourism, vacation (holiday), amusement, visits with friends or relatives, rest, medical treatment, activities of a fraternal, social, or service nature, and participation by amateurs, who will receive no remuneration, in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for your travel. If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational (and not for credit towards a degree), and*the course is less than 18 hours per week, this is permitted on a visitor visa."

Of course for initial certificate issue (including conversion from 61.75 to standalone certificate, IR or MEL) would require TSA approval (and the school to be TSA registered)....and Part 61 only schools are entitled to register as Provider Admin

The gotcha may be that the TSA will only advise training can commence after it is satisfied that you have a suitable visa...And they, not the INS may be of the opinion that a visitor visa is not acceptable?

BigGrecian 4th Feb 2013 21:14

Getting a private is hardly recreational study - it is full time, well over 18 hours a week - most of our students study 12-15 hours a day.

It is not incidental to the purpose of your visit.

And immigration know this - there are plenty of people black listed from the USA for this offense.

awqward 4th Feb 2013 21:26


Getting a private is hardly recreational study - it is full time, well over 18 hours a week - most of our students study 12-15 hours a day.
Yes but if you already have a EASA licence it should only require 5 or 6 hours including the flight test.....and this could easily be something which is incidental to the main purpose of your visit ie business or vacation...

After all, in the post-911 world, the US is more concerned with the training of pilots which is why the TSA undertake background checks....it is not about immigration law (which has not changed)

nsainesa 7th Feb 2013 14:45

Good day all,

Many thanks for the thread. It is very informative. Thank you. :ok:
I have a little bit of a different situation which I am trying to seek clarity on, please.

I am currently on a F-1 visa with a school working towards my HCPL. I have 20 hours (or so) until 100 hours PIC, when I can apply for the CPL Check Ride (as long as my CFI signs me off). For several reasons and matters of circumstance, I cannot complete my training with my current school and am planning on changing to a different school on a M-1 visa. I have been on the F-1 visa for longer than 6 months, so have been informed that my current school (F-1) that they cannot transfer my SEVIS to the new school (M-1). I have applied for a Change of Status through the Form I-539, but I am not sure this will be approved in time.

My current school has said they will cancel my visa and SEVIS, which means I will need to leave the US and apply for a M-1 visa in my home country. However, I have been told by the new school that I can go to Nassau, Bahamas and re-enter the US on the I-20 which they have already raised for me and there is no need to apply for the M-1 visa. Is this correct?

What about SEVIS? Do I need to reapply? Will it be the same with the TSA?

I have completed my FAA PPL/IR since being in the US. I am only wanting to finish up my CPL before returning to my home country. I am on a UK passport.

I have scheduled an appointment with an Immigration Officer at the USCIS office, but after reading this thread, I have seen that they are not always known to provide incorrect information. I am just trying to line my ducks in a row and am wanting to finish my training in the correct legal manner. I do not want to cause any issues with the respective authorities.

Any information or advice will be greatly appreciated.

Kind regards.


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