Kieren Fallon hasn't given up hope of riding the Aidan O'Brien-trained Ace in Saturday night's Arlington Million in Chicago, and yesterday applied for a licence to the Illinois Racing Board despite that body having already said they will not allow the Irish jockey ride in the state while he is banned from riding in Britain on race-fixing charges.
After Fallon's high court appeal against the controversial Horse Racing Authority (HRA) ban was rejected in London last month, the Illinois authorities quickly confirmed they would reciprocate any suspension imposed by the HRA in Britain.
That decision is counter to the position adopted by the regulatory bodies in Ireland and France, but the 41-year-old former champion jockey has now made a dramatic late bid to try to repeat his Arlington Million triumph on board the O'Brien-trained Powerscourt last year.
Ace is the Ballydoyle hope in the Million this time, and he has been accompanied to the US by Ivan Denisovich, who is set to start in another Grade One race, the Secretariat Stakes, won by O'Brien's Ciro six years ago.
Fallon was declared to ride both horses when the draw for the 24th running of the Million was made yesterday.
Now the real pre-race excitement looks set to come from the beleaguered Fallon, who could yet find himself in the American courts in an attempt to be allowed ride at the prestigious Arlington meeting.
The Illinois Racing Board (IRB) chief executive, Marc Laino, last month outlined the IRB's position, but also commented: "If Kieren Fallon is not successful in appealing his ban, he will not be allowed to ride in Illinois - unless he successfully petitions the courts in the US. I have been advised by counsel for the IRB, there is a possibility he could do that."
Significantly, Fallon is not riding at Tipperary this evening where a number of O'Brien-trained horses are due to run.
"Kieren has applied for his licence and now we will just have to wait and see what happens," the trainer said yesterday.
Each state in the US has a separate licencing system, but a ban by the Illinois authorities could be matched by officials in Kentucky in November when the Breeders Cup meeting is due to be held at Churchill Downs.
The Breeders Cup is targeted every year by O'Brien, as success can significantly add to the value of the winning horses.
Fallon is on bail in relation to the race-fixing charges but last year he experienced some delays in America as his records were checked by emigration officials.