Hello,

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

If you have been accepted into a Ph.D. program here in the US, I'd suggest that you contact the university's international students' center. Most large universities have them, and have immigration specialists to help students with their visas.
I don't have any answers for your questions, except that the fees are in US dollars. Reading the guides here will be helpful in getting your waiver application ready.

Good luck!

1) Like the poster above suggested, if you have been accepted by a school or university, contact their foreign students department.
2) Go to the USCIS website and look under FORMS. Scroll down until you see Form I-601. Click on the icon.
3) There will be INSTRUCTIONS for I-601 and FORM I-601 icons that you can download the instructions.
All your questions regarding where to file, who to make check payable to are on the instructions.

No harm in tryng, but I would not rate the chances very high.

Better to look to another Country, sort of surprised India does not have those opportunities. Maybe China?

F1 Student visa is an non-immigrant visa. The I-601 is a waiver for an immigrant visa. I believe they gave you erroneous information as to which waiver would apply in your case.

Instead, there is a 212(d)(3) waiver that is available at the discretion of the CO. It waives just about any ineligibility including misrepresentation for non-immigrants. Contact the embassy and ask them for clarification. The non-immigrant waiver has a form I-192 however, many embassies don't require the form. Check with the embassy in India as to what they would require.

You would still need to establish that you meet the requirements of the non-immigrant/student visa as well. For example, having the resources from your self or family to support yourself while you are in U.S. and to pay any tuition or school expenses.

I would agree with the I-192, most Consulates require it, well all the ones that I have seen, but asking is a good idea.