URGENT HELP - I-601 waiver in India - Section 212(a) (6) (C) (1) "Misrepresentation"

[amangalampalli]

Hello,

I had applied for student Visa (F1) for PhD during July 2006 and my application was rejected under Section 212(a) (6) (C) (1) "Misrepresentation".

The letter containing the above information also states that I am eligible for waiver, and that I SHOULD APPLY for one. I was even issued Form I-601.

I request you to kindly provide information/guidance on the following points.

1) To whom the completed form (Form I-601) is to be sent (if a consulate in India, then New Delhi or Kolkata, where my visa was rejected)? Whether by courier or by registered post?

2) Fee of $ 545.00 to be sent by Demand Draft in equivalent Indian Rupees or Dollar Check and in whose favor the Draft/Check is to be made?

3) How much time would it take approximately for processing and grant of waiver?

4) Since joining time for the current semester is already over, whether I can apply for Visa for the next semester.

5) In addition to the Fee any other enclosures are to be sent along with the form I -601?

The reason for rejection was that I had used a false bank transaction statement, which was fraudulently given by an agent/broker.
Currently I again want to go to US as I do not find enough PhD opportunities in my area of research in India and this is hampering my research career. Please someone let me know what should be done next to obtain the waiver of ineligibility for non-immigrant visa, and what is the process to be followed.
Thanks in advance.

Date of F-1 Visa Application: July 10, 2006

Consulate where F-1 Visa was applied for: Calcutta

PLEASE SOMEONE HELP ME ASAP coz this ineligibilty is now ausing a lot of frustration.

[y14gemini]

Hi,

Do you know what the misrep was for or were you aware that you had misreped?

I would say read up on the embassys web page. Here is both because I do not know which one you went through but I would say go back and file the waiver at the embassy you were denied at! Good Luck!!

http://newdelhi.usembassy.gov/

http://kolkata.usconsulate.gov/

[amangalampalli]

Hi,

Do you know what the misrep was for or were you aware that you had misreped?

I would say read up on the embassys web page. Here is both because I do not know which one you went through but I would say go back and file the waiver at the embassy you were denied at! Good Luck!!

http://newdelhi.usembassy.gov/

http://kolkata.usconsulate.gov/

I had a valid bank statement with me citing the requisite amt (Rs 34,00,000 - USD 76,000) in a bank acct opened just a week before the interview. I had to go thru an agent because it is impossible for any middle class student in India to show this kind of liquid cash. And the banks here say "You get the visa first and then we will definitely give you a visa". They even do not give a tentative letter of support which could be used in the visa process. So its a deadlock process as the consulte ppl ask either for a bank loan support letter or bank staement with the requisite liquid cash.

So, as was the general treand here in India for ppl applying for an F1 visa I went through an agent. He gave me bank documents in my father's name (in a 1 week old acct) which he said were good enough to get a visa. I thought after getting the visa I would definitely get a bank loan and goto US.

The bank docs were -
1) bank statement, stating the amt in the bank acct and was NOT ILLEGAL, and
2) bank transaction statement with 6-month transaction details (of a weel old acct). This was definitely FAKE.

But I was under the impression that documents were only the bank statement and somehow overlooked the FAKE transaction statement. So as advised by the agent I gave these docs to the counsel when she asked for them. And they found out that the acct was just 1 week old and the transaction stmt was misrepresented and my visa was rejected for misrepreseting. The only wrong thing I did was that I lied to the counsel that the bank acct was pretty old as I told by the agent to do so. If I did not then my bank docs would not hold good stead.

Now I am not sure how to apply for the I-601 waiver in India, I mean the exact procedure. I have written and called up all 4 consulates in India but have not got any concrete answer. In fact I have been struggling for the past 1.5 years to know how to apply for this waiver and HOW to apply for so as to MAXIMIZE my chances of getting it.

I came thru this portal during my regular search for answers to the waiver issue and think you guys would be able to help me out. Some one plz help me by providing details to the questions I have asked in this and my previous post. My research career is in doldrums because of this ineligibility.

By the way, the indian consulate websites are pretty useless in this regard as do not provide any answer to the application procedure for this waiver for non-immigrant visa ppl, they talk only about immigrant visa ppl.

[JMRJ]

Strange. I-601 waiver is used for immigrant visa applications. You applied for F1 non-immigrant visa. The waiver for that is under 212 (d) (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|8cfrsec2124&s_type=all&hash=0-0-0-12129).-- a broad waiver provision that allows applicants for admission as nonimmigrants to overcome almost any ground of inadmissibility found in Section 212(a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212&s_type=all&hash=0-0-0-195)of the Act.

On your interview, once the consular officer found you ineligible for the visa, he/she can recommend for this discretionary waiver and can give you further instructions on how to proceed. The three criterias for determining whether to approve or deny a Section 212(d)(3) waiver:

1. The risk of harm to society if the applicant is admitted;

2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and

3. The reasons for wishing to enter the US.


Each embassy sets its own interview policies and procedures regarding visas so you might want to check with your consulate if they are still holding your application so you can submit your waiver -- or-- maybe you need to stand in line and start the visa application again since it's been more than a year.

[amangalampalli]

Strange. I-601 waiver is used for immigrant visa applications. You applied for F1 non-immigrant visa. The waiver for that is under 212 (d) (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|8cfrsec2124&s_type=all&hash=0-0-0-12129).-- a broad waiver provision that allows applicants for admission as nonimmigrants to overcome almost any ground of inadmissibility found in Section 212(a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT212&s_type=all&hash=0-0-0-195)of the Act.

On your interview, once the consular officer found you ineligible for the visa, he/she can recommend for this discretionary waiver and can give you further instructions on how to proceed. The three criterias for determining whether to approve or deny a Section 212(d)(3) waiver:

1. The risk of harm to society if the applicant is admitted;

2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and

3. The reasons for wishing to enter the US.


Each embassy sets its own interview policies and procedures regarding visas so you might want to check with your consulate if they are still holding your application so you can submit your waiver -- or-- maybe you need to stand in line and start the visa application again since it's been more than a year.

Thanks JMRJ and y14gemini for your inputs. Can you please answer the below mentrioned questions:

On your interview, once the consular officer found you ineligible for the visa, he/she can recommend for this discretionary waiver and can give you further instructions on how to proceed.

--- The consular officer never gave me any instructions. She just handed out the visa rejection letter and form I-601, saying "All info for the waiver is in I-601" and told me to leave that place.

I am not very sure what to do at this point of time. I just had a look at my visa rejection letter and it says:

the visa was rejected under

Section 212(a)(6)(C)(1) - Misrepersentation

See form DSL-851A for further details.

It also says

"You are eligible for waiver of the grounds of
ineligibility. To apply for a waiver, follow the
instructions in the attached form I-601."

"WARNING: if u fail to take action requested within 1
year following visa denial under section 221(G) of the
immigration and nationality act, section 223(G) of the
act requires that ur application be cancelled."


I think section 221(G) is a different clause and i guess for lesser offences and keeps the visa application in dormanant mode. But my application is more compliacted and summarily rejected. so i guess the 1 yr clause does not apply to me.

I have no idea what form DSL-851A is??? Do I have to apply for a waiver after which I can apply for a non-immigrant visa (if the waiver is approved)? Or do I directly apply for a visa and during that my process I would be given a waiver as well? I am not sure that the latter might be possible, as I have heard (on the internet) of people whose non-immigrant visa application was rejected under "212(a)(6)(C)(1) - Misrepersentation" and when they applied for a non-immigrant visa again, the application was rejected directly without the new visa application or attched docs being considered.

I have tried to contact the consulate guys to get some info, but it has been nearly 1.5 yrs since I gave been trying but have got no answers. Please help and advise what my next steps of action should be.

[JMRJ]

The consular officer in India has made a mistake on giving the form I-601 to you. I'm sorry you're having a hard time in getting answers from them. Sounds like the embassy is having some administrative issues.

IMO - It is highly advisable for you to restart the process with an experienced attorney; An attorney who has dealt with the consulate in India and most importantly an attorney who has experience in 212 d3 waiver. You have a red flag: misrepresentation. So, you need to go through the proper channels. Don't go to any "agents" anymore.

Daniel Green (http://www.hudsonvalleyimmigrationlaw.com/services_and_fees/index.htm) is a member of this forum and he is a recommended lawyer by Laurel Scott regarding non - immigrant waivers. Why don't you arrange a consultation with him?

I attach a link about The INA 212(d)(3) Nonimmigrant Waiver. (http://www.ilw.com/articles/2003,0930-labrie.shtm) It is of general in nature but just to give you an initial understanding to get the ball rolling.

Goodluck.

[amangalampalli]

The consular officer in India has made a mistake on giving the form I-601 to you. I'm sorry you're having a hard time in getting answers from them. Sounds like the embassy is having some administrative issues.

IMO - It is highly advisable for you to restart the process with an experienced attorney; An attorney who has dealt with the consulate in India and most importantly an attorney who has experience in 212 d3 waiver. You have a red flag: misrepresentation. So, you need to go through the proper channels. Don't go to any "agents" anymore.

Daniel Green (http://www.hudsonvalleyimmigrationlaw.com/services_and_fees/index.htm) is a member of this forum and he is a recommended lawyer by Laurel Scott regarding non - immigrant waivers. Why don't you arrange a consultation with him?


I attach a link about The INA 212(d)(3) Nonimmigrant Waiver. (http://www.ilw.com/articles/2003,0930-labrie.shtm) It is of general in nature but just to give you an initial understanding to get the ball rolling.

Goodluck.

--- Thanks JMRJ.... :)

[minu329]

I'm sorry to hear your having problems with indian embassy...i know how frustrating this is....but i don't think you need 601. i-601 is for people who are inadmissiable and or deported previously from United States. My husband filed 601 at mumbai consulate few weeks back with supporting documents which includes extreme hardship letter from me, bank debts documents, medical etc etc. They also said 601 will go to new Delhi for process and it takes 6 months to get an answer. But this is all for people who are trying to get immigrant visa...

Mumbai consulate is just ridiculous. I have heard many rude things from my husband about them while he was there. I believe you need to go back and tell them you have been giving incorrect form. May be you should also tell them what exactly 601 form is because lady who sits at the info. desk is just plain out stupid! Don't give up, go back and may be talk to a U.S. consulate...dont talk to some indian chap who works there....

Hope this helps.

[amangalampalli]

I'm sorry to hear your having problems with indian embassy...i know how frustrating this is....but i don't think you need 601. i-601 is for people who are inadmissiable and or deported previously from United States. My husband filed 601 at mumbai consulate few weeks back with supporting documents which includes extreme hardship letter from me, bank debts documents, medical etc etc. They also said 601 will go to new Delhi for process and it takes 6 months to get an answer. But this is all for people who are trying to get immigrant visa...

Mumbai consulate is just ridiculous. I have heard many rude things from my husband about them while he was there. I believe you need to go back and tell them you have been giving incorrect form. May be you should also tell them what exactly 601 form is because lady who sits at the info. desk is just plain out stupid! Don't give up, go back and may be talk to a U.S. consulate...dont talk to some indian chap who works there....

Hope this helps.

Thanks for the motivation. I will defiinitely see that I bring this issue to a logical conclusion. BTW, good luck with you I-601 application.

[anup]

Hello,

I had applied for student Visa (F1) for PhD during July 2006 and my application was rejected under Section 212(a) (6) (C) (1) "Misrepresentation".

The letter containing the above information also states that I am eligible for waiver, and that I SHOULD APPLY for one. I was even issued Form I-601.

I request you to kindly provide information/guidance on the following points.

1) To whom the completed form (Form I-601) is to be sent (if a consulate in India, then New Delhi or Kolkata, where my visa was rejected)? Whether by courier or by registered post?

2) Fee of $ 545.00 to be sent by Demand Draft in equivalent Indian Rupees or Dollar Check and in whose favor the Draft/Check is to be made?

3) How much time would it take approximately for processing and grant of waiver?

4) Since joining time for the current semester is already over, whether I can apply for Visa for the next semester.

5) In addition to the Fee any other enclosures are to be sent along with the form I -601?

The reason for rejection was that I had used a false bank transaction statement, which was fraudulently given by an agent/broker.
Currently I again want to go to US as I do not find enough PhD opportunities in my area of research in India and this is hampering my research career. Please someone let me know what should be done next to obtain the waiver of ineligibility for non-immigrant visa, and what is the process to be followed.
Thanks in advance.

Date of F-1 Visa Application: July 10, 2006

Consulate where F-1 Visa was applied for: Calcutta

PLEASE SOMEONE HELP ME ASAP coz this ineligibilty is now ausing a lot of frustration.



Did you apply for 212(d)(3) waiver. Pl let me know. As I need help with it. My hubby has similar case.

[emt103c]

anup, this person was filing for an immigrant waiver. . .the I-601, not the 212d3 which is a non-immigrant waiver.