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Thread: URGENT HELP - I-601 / 212(d)(3) waiver - Section 212(a)(6)(C)(1) "Misrepresentation"

  1. #1
    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.

    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.

    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.

    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."

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

    Consulate where F-1 Visa was applied for: Calcutta

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

    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.

    From the discussion in this forum, I believe I can apply for a 212(d)(3) waiver which is meant for non-immigrant visa appliers. I believe I-601 is only for immigrant visa seekers. But I even do not know how to apply for a 212(d)(3) waiver. Could anyone tell me the procedure/steps to do so? Do I have to submit form I-192? And can I obtain the 212(d)(3) waiver in advance without simultaneously for any other non-immigrant visa. I might need to apply for an F1 (student) visa so I need to obtain this waiver before that. Can I do so?



    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.
    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.

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

    Thanks in advance.

  2. #2
    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.

    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.

    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.

    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."

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

    Consulate where F-1 Visa was applied for: Calcutta

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

    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.

    From the discussion in this forum, I believe I can apply for a 212(d)(3) waiver which is meant for non-immigrant visa appliers. I believe I-601 is only for immigrant visa seekers. But I even do not know how to apply for a 212(d)(3) waiver. Could anyone tell me the procedure/steps to do so? Do I have to submit form I-192? And can I obtain the 212(d)(3) waiver in advance without simultaneously for any other non-immigrant visa. I might need to apply for an F1 (student) visa so I need to obtain this waiver before that. Can I do so?



    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.
    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.

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

    Thanks in advance.

  3. #3
    Someone12
    Guest
    you are a visa cheating scumbag....this "ineligiblity" is YOUR fault, doofus....you committed fraud against my government..frustration??? too bad. You brought fake documents to your interview and got caught....so there will be NO student visa in your future, douchebag cleaner, no matter how "frustrating" you think this ineligibility is (oh, by the way, dirtbagm, this is a permanent ineligibility...which means it lasts for your entire miserable life...and no visa officer will EVER believe a word you say in any future interview...a scumbag is just a scumbag)...and that means no one will believe any bee ess story about you will return to India after your "studies"....we don't want scam artists like you in America....so go ahead and drag your sorry behind back to the consulate and apply for another student visa....see how long your interview lasts (I willl guess about 90 seconds)....all the sordid details pertaining to your feeble attempt at fraud is in their computers, so changing your filthy passport won't fool anyone, nor will changing your name...because I hear they take fingerprints and photos....what a douchebag you are...who do you think is going to "help" a visa cheat?

  4. #4
    If you did not have the money, how were you going to pay tuition and expenses? What University were you going to attend?

    Why would you use an "agent broker"? The VISA application and forms are in English and have simple instructions.

    And even if you did pull off the waiver which would be quite a fete acompli you still have the issue of not having the money that you falsely stated that you had.

    Before you commit to a course of study PHD perhaps you should take a few classes back home in "COMMON SENSE".

    Regardless of the amount of time, energy and money you spend on trying to get a waiver for your misrepresentation.....at the end of the day you will not be able to overcome the original "ineligibility". You did not meet the criteria for the original VISA having sufficient funds on reserve.

    What brilliant strategy did you have for "faking funds you do not have the second time if you were lucky enough to pull a rabbit out of the hat and get a waiver? And don't you think with your history of attempted immigration fraud the consular will give even more scrutiny to your source of funds in a second VISA application????

    Think your Broker/Agent will refund his middle man fee? Maybe this is Karma.. you tried to game the system but the Broker/Agent gamed you.
    "Being all fashioned of the self-same dust let us be merciful as well as just"
    Henry Wadsworth Longfellow

  5. #5
    Someone12
    Guest
    oh, and another thing, OP (the douchebag visa cheat)....before you can even ask for a waiver, you must first qualify in ALL respects for the visa you are seeking,,,which means, for a student visa, you have to overcome 214b....and those who try (and fail) to commit fraud against our government have lost ALL credibility...so no consul is going to believe any baloney you try to offer the next time...
    and the previous poster's point is well taken...what was your REAL plan? work illegally? rob banks?
    whatever it was, you lost...and we, the American citizens of the United States of America, are glad...and we are not going to offer you any help, any loophole, any phony marriage, nothing but our fervent hope you NEVER cross our borders....

  6. #6
    Fraud waiver Link

    1. What is a fraud waiver?
    A fraud waiver is a benefit which allows certain persons who have committed an immigration fraud or material misrepresentation to obtain a visa or green card despite their transgression.

    Specifically, it can waive the ground of excludability or inadmissibility for fraud or material misrepresentation. This ground applies to people who, by fraud or by willfully misrepresenting a material fact, have sought to procure, seek to procure, or have procured a visa, other documentation or entry (admission) into the U.S., or other benefit under the immigration laws.

    The following are examples of fraud or misrepresentation:

    1. Using a false name, birth date, marital status to obtain a visa, an extension or change of status or adjustment of status.

    2. Falsely claiming to be a U.S. citizen or permanent resident on an I-9 form to obtain employment.

    2. How could someone qualify for the waiver before the new law?
    There were two ways to qualify for the waiver before the new law changed this section on September 30, 1996:

    1. If the intending immigrant or immigrant who was the spouse, parent, or son or daughter of a United States citizen (USC) or lawful permanent resident (LPR);

    or

    2. If the fraud or misrepresentation occurred at least 10 years before the date of the immigrant's application for a visa, entry or adjustment of status, and admission of the immigrant would not be contrary to the interests of the United States.

    3. Is the fraud waiver still available under the new law?
    Yes, but it has been greatly restricted.
    4. How does the new law restrict the availability of the fraud waiver?
    A section in the new law (section 349) changed the availability of the waiver in three ways:

    1. It eliminated the 10-year "statute of limitations" option. Thus, the only way to obtain a fraud waiver is through a family relationship;

    2. It eliminates the word "parent" from the list of people who can qualify for a fraud waiver. This means that only spouses or sons or daughters of USCs or LPRs are eligible for the waiver. Parents of a USC or LPR no longer can obtain this waiver (perhaps Congress did not want people to "benefit" from giving birth to a child in the U.S.);

    and

    3. The applicant must establish that the qualifying relative would suffer "extreme hardship" if the applicant were denied admission or forced to leave the U.S.

    5. So, in summary, under the new law, who can obtain a fraud waiver?

    Under the new law, the only people who can obtain a fraud waiver are spouses and sons and daughters of USCs or LPRs, and only if they show that the qualifying relative would suffer extreme hardship if the waiver is not granted.
    "Being all fashioned of the self-same dust let us be merciful as well as just"
    Henry Wadsworth Longfellow

  7. #7
    Someone12
    Guest
    sadly rw, there is a different kind of waiver available for nonimmigrant visa applicants, under INA 212 d 3 a...however, while hardship is not a factor, the risks and danger to US citizens is, as well as the severity of the action that rendered an applicant ineligible....not to worry, the OP has no chance to ever get a waiver, for an immigrant or nonimmigrant visa.....scumbags like him will be rejected in an instant....he just doesn't realize it yet.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by amangalampalli:
    ... 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. ... </div></BLOCKQUOTE>

    Sorry, OP, to appear like putting more salt into your wound. You can't claim to have been unknowingly victimized by an unscrupulous "visa middleman" when you said what you said above, can you?

    In the broader scheme of things, which one ranks higher to be your source of frustration: your "research" being thwarted, or your ineligibility for a US visa.

    I think it's time to look for another destination like Canada or Europe, or maybe Australia. You might just be wasting money for this prospect, and more importantly, time.

    The piece of American dream may just stay that way for a long, long while for you (even forever) - a dream.

  9. #9

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
    try this

    http://www.ilw.com/articles/2003,0930-labrie.shtm
    and
    http://www.ilw.com/articles/2005,0830-eiss.shtm </div></BLOCKQUOTE>

    Thanks a lot aneri...

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