B2 Visa/Young footballer

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Old Mar 15th 2011, 11:16 pm
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Default B2 Visa/Young footballer

Hello,

I am 21 and have just booked an interview at the US Embassy in London for next week. I spent two years playing as a youth player with a professional club, and have recently been working as a sports coach in schools around London. I don't know if it makes a difference but I also have my A-Levels, and I would say I am polite, intelligent and mature, so I guess that gives me a slight advantage to some other youngsters my age who aren't those things.

I am intending to fly over to California at the end of March to begin pre-season training with a team in the Professional Development League, which is an amateur U23 league but a very good standard and it acts as a reserve league for the MLS which is the top pro league. No players are paid, but providing I make the team I will be provided with housing and food. The season runs from the start of May to the end of July.

Before this opportunity came up, I was looking into playing and studying at a university/college in the US and have already made several trips on visits to the colleges. Whilst I am out there playing in the "PDL" a number of college coaches will be coming to see me play and will decide whether to offer me athletic scholarships or not.

I spoke to the US Embassy a while ago, and they told me that if I was to receive an I20 form from a college, and provide evidence (scholarships) of funds to pay tuition etc I can apply to change my status whilst in the US to student status. However they said it may not be granted, and my status is changed I would still need to apply for a student visa once I return to the UK for example at Christmas to be allowed back into the US after the holidays.

I just wanted to get advice on what I can do to make sure or increase my chances of getting the B2 Visa. I will have a return ticket for August.

1. Should I tell them that I will be visiting some local universities because whilst playing in the amateur U23 league is my main purpose of visit, I will be taking the opportunity to visit some uni's? I have read that if you want to change your status from B2 to student, it's easier if there is a note stating you intended to do this beforehand. Isn't this showing that you do not intend to return to the UK? At this stage I honestly don't know whether I will be offered scholarships to US universities or even if I just want to come home in August regardless.

2. I am planning on taking copies of emails with the general manager of the soccer team to show evidence of why I am going. I will also be taking a fixture list which shows the last game of the season is at the end of July.

3. I obviously have strong ties in the UK. My car worth £4000 is here, my car insurance, my phone contract, my family who will be helping support me etc. I am getting slightly confused because on one hand I am reading I need to show ties that I will return to the UK but I am also reading I need to state I am interested in staying in the US to study if the opportunity arises.

4. I can't travel on the VWP program because I need to be in the US at the beginning of April till early August.

I am really hoping that I receive this visa so any advice or questions feel free to post and I will get back to you.

Thanks for all your help
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Old Mar 15th 2011, 11:23 pm
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Default Re: B2 Visa/Young footballer

Originally Posted by MikeCole
No players are paid, but providing I make the team I will be provided with housing and food.
You need to know that "being paid" is not the sole criteria that defines "work". You will be receiving a benefit (other than the experience) from what you'll be doing... and a B-2 visa likely won't be sufficient.


I am really hoping that I receive this visa so any advice or questions feel free to post and I will get back to you.
Good luck to you!

Ian
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Old Mar 15th 2011, 11:30 pm
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Default Re: B2 Visa/Young footballer

Originally Posted by ian-mstm
You need to know that "being paid" is not the sole criteria that defines "work". You will be receiving a benefit (other than the experience) from what you'll be doing... and a B-2 visa likely won't be sufficient.

Good luck to you!

Ian
Thanks....I think being provided with temporary accommodation comes under necessary/incidental expenses. I definitely won't be able to afford to rent or stay in a hotel for four months.
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Old Mar 15th 2011, 11:34 pm
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Default Re: B2 Visa/Young footballer

Originally Posted by MikeCole
Thanks....I think being provided with temporary accommodation comes under necessary/incidental expenses. I definitely won't be able to afford to rent or stay in a hotel for four months.
I think if you do more research, you'll find that a person on a B-2 visa cannot do anything for which they receive any kind of compensation, whether it be money, food, lodging, coupons, or having their expenses reimbursed by someone in the USA.

Rene
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Old Mar 15th 2011, 11:36 pm
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Default Re: B2 Visa/Young footballer

I don't think you are going for the right visa. I doubt 4 months accommodation could be considered incidental expenses. You should at least talk to an immigration lawyer about your options before you really screw yourself.

Oh, and don't put too much faith in th PDL. It has nothing to do with MLS, its th USL development league. Very few players from it make even USL-1 let alone MLS.

Last edited by Duncan Roberts; Mar 15th 2011 at 11:42 pm.
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Old Mar 15th 2011, 11:47 pm
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Default Re: B2 Visa/Young footballer

I spoke to the Embassy hotline twice before I made the appointment stating exactly what I posted above and they said the B2 Visa was the one I needed. They also said I had the option of the VWP but then they realised I needed a bit more time in the US.

This is from the Embassy website:
Amateur Athlete
An amateur athlete or group of athletes competing in an athletic event for which they will receive no payment, other than incidental expenses, are eligible for B-2 visas, or visa free travel under the Visa Waiver Program, if otherwise qualified.

Please note: An amateur is someone who normally performs without remuneration (other than an allotment for expenses). An athlete who is normally compensated for performing cannot qualify for a B-2 visa or travel under the Visa Waiver Program even if they do not make a living at performing
Essentially I will just be put up in an apartment somewhere with a load of other players on the team that do not live locally.

So, if the B2 visa IS the one I need...and I am not allowed to be officially housed by the soccer club, surely I would be allowed to stay in a local players house?
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Old Mar 15th 2011, 11:50 pm
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Default Re: B2 Visa/Young footballer

Oh, and don't put too much faith in th PDL. It has nothing to do with MLS, its th USL development league. Very few players from it make even USL-1 let alone MLS.

A dozen players with Premier Development League experience were selected in the First Round of the 2010 Major League Soccer draft Thursday afternoon at the NSCAA Convention in Philadelphia. In all, 48 players with PDL experience were taken in the four-round, 64-player event.
Obviously most of the players who played PDL also played college.
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Old Mar 16th 2011, 12:03 am
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Default Re: B2 Visa/Young footballer

Originally Posted by MikeCole
I am intending to fly over to California at the end of March to begin pre-season training ...
Originally Posted by MikeCole
Amateur Athlete
An amateur athlete or group of athletes competing in an athletic event for which they will receive no payment, other than incidental expenses, are eligible for B-2 visas, or visa free travel under the Visa Waiver Program, if otherwise qualified.
I'm no expert, but I see a difference between spending 4 months doing pre-season training, and competing in a 1-time athletic event which might last a day or two.

I totally agree that you should have a consultation with an immigration attorney to make sure you are getting the right visa for your intent.

Rene
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Old Mar 16th 2011, 12:08 am
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Default Re: B2 Visa/Young footballer

Originally Posted by Noorah101
I'm no expert, but I see a difference between spending 4 months doing pre-season training, and competing in a 1-time athletic event which might last a day or two.

I totally agree that you should have a consultation with an immigration attorney to make sure you are getting the right visa for your intent.

Rene
I don't know if it makes a difference to your post, but pre-season training starts at the beginning of April. The official season, where the first league game is played, start's in May, and the last game of the season is at the end of July.
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Old Mar 16th 2011, 12:52 am
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Default Re: B2 Visa/Young footballer

Okay guys, thanks for your input so far. I am off to bed now, but if anyone else has anything to add then it would be much appreciated. My interview is next Tuesday!
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Old Mar 16th 2011, 12:53 am
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Default Re: B2 Visa/Young footballer

Originally Posted by MikeCole
I don't know if it makes a difference to your post, but pre-season training starts at the beginning of April. The official season, where the first league game is played, start's in May, and the last game of the season is at the end of July.
That does seem a stretch. I thought the visa was more for things like a week or so tournament, not pre-season training and an entire season of play. And before you ask why it would be valid for 6 months if it's only for short term things, there are many countries that can't use the VWP and have to have a visa. If your long term goal is to even come back to the US I would talk to a lawyer because very bad things can happen if you end up doing the wrong thing. It's very possible that you will walk out if the embassy with a denial, no visa and possibly a hard time getting ESTA clearance for the VWP because of the denial. That would be the best case scenario if things do go wrong, it gets worse from there.
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Old Mar 16th 2011, 2:42 am
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Default Re: B2 Visa/Young footballer

Originally Posted by MikeCole
I don't know if it makes a difference to your post, but pre-season training starts at the beginning of April. The official season, where the first league game is played, start's in May, and the last game of the season is at the end of July.
Hmmm, no, my posts still stands as is. My layman's opinion is that the B-2 is for a 1-time event, not a stretch of training.

Rene
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Old Mar 16th 2011, 2:59 am
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Default Re: B2 Visa/Young footballer

check it out with a lawyer. last thing you want to do is somehow screw yourself over for the future by applying for the wrong thing now (and worse - getting it and then it being determined once youve used it that it was wrong!).
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Old Mar 16th 2011, 11:16 am
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Default Re: B2 Visa/Young footballer

You don't want to do training as a B and getting expense money etc. It's so shady, they may make you governor of California or something. There is allegedly a precedent for that.

If you were a hockey player, there is a clause to allow tryouts/training as a B.

http://www.state.gov/documents/organization/87206.pdf

"Amateur hockey players who are asked to join a professional team during the course of the regular professional season or playoffs for brief try-outs. The players are draft choices who have not signed professional contracts, but have signed a memorandum of agreement with a National Hockey League (NHL)-parent team. Under the terms of the agreement, the team will provide only for incidental expenses such as round-trip fare, hotel room, meals, and transportation. At the time of the visa application or application for admission to the United States, the players must provide a copy of the memorandum of agreement and a letter from the NHL team giving the details of the try-outs. If an agreement is not available at that time, a letter from the NHL team must give the details of the try out and state that such an agreement has been signed."

The fact that they have such a clause specific to the NHL would seem to indicate that it was neccessary to allow an activity to occur that is normally prohibited. The organized play, paid housing and paid food would likely not be allowed under B-1/B-2.

Check with this league. They must have experience with foreign players and what documents they typically need to participate and could even provide a letter describing the situation to the consular official.
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Old Mar 16th 2011, 11:36 am
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Default Re: B2 Visa/Young footballer

Originally Posted by crg
You don't want to do training as a B and getting expense money etc. It's so shady, they may make you governor of California or something. There is allegedly a precedent for that.

If you were a hockey player, there is a clause to allow tryouts/training as a B.

http://www.state.gov/documents/organization/87206.pdf

"Amateur hockey players who are asked to join a professional team during the course of the regular professional season or playoffs for brief try-outs. The players are draft choices who have not signed professional contracts, but have signed a memorandum of agreement with a National Hockey League (NHL)-parent team. Under the terms of the agreement, the team will provide only for incidental expenses such as round-trip fare, hotel room, meals, and transportation. At the time of the visa application or application for admission to the United States, the players must provide a copy of the memorandum of agreement and a letter from the NHL team giving the details of the try-outs. If an agreement is not available at that time, a letter from the NHL team must give the details of the try out and state that such an agreement has been signed."

The fact that they have such a clause specific to the NHL would seem to indicate that it was neccessary to allow an activity to occur that is normally prohibited. The organized play, paid housing and paid food would likely not be allowed under B-1/B-2.

Check with this league. They must have experience with foreign players and what documents they typically need to participate and could even provide a letter describing the situation to the consular official.
Thanks for the advice. All these posts have come as a bit of a surprise because I thought my situation was pretty clear cut...little did I know. When I described the situation to the lady on the helpline she was clear that I needed a B2 Visa so I thought that was that.

Thanks for the post..I've just sent an email to the legal department at the league and have also emailed a number of immigration lawyers.
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