blueblue

Yes, there have been many people who have had a I-601 waiver approved when the spouse was staying with them in their country. In fact, many use it to gather even more and tangible proof of the extreme hardship of living in the 2nd country. See www.immigrate2us.net for more information about waivers.

Paige,

This section of the law (212(h)) could be applicable in your case. I believe the official reading is with the "or", however I have also seen it on government websites with "and" between point 2 and 3. The FAM on DOS site actually reads "and" http://www.state.gov/documents/organization/86945.pdf A 212(h) waiver provides for a waiver for an immigrant visa for anyone convicted of a CIMT or simple possession if those 2/3 provisions are met. No qualifying relative or hardship standard is required. However, your fiance would also be eligible for a 212(i) waiver because you are a qualifying relative and with this waiver you will need to prove extreme hardship.

However, in order to be able to file the waiver only ONE drug conviction is allowed. If there are 2, it is game over. When your approved fiance petition reaches the consulate, they will require your fiance to provide copies of the court records of the conviction. He will definitely be denied the visa, whether or not they will say he can file the waiver is TBD. You should review this with an attorney before hand to be sure that the second conviction, even though it is for paraphernalia and was part of the same incident, you want to make sure it is another going to be considered a second drug related conviction. Read this case for info on conviction of paraphernalia - on the face of it, it appears he has 2 drug related convictions.

http://caselaw.findlaw.com/data2/circs/7th/072502p.pdf

No. 07-2502

ARTURO ESCOBAR BARRAZA,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General

of the United States,

Respondent.

____________

Petition for Review of an Order of the

Board of Immigration Appeals.

____________

ARGUED FEBRUARY 27, 2008—DECIDED MARCH 13, 2008

You will want to confer with the attorney on this because if there are 2 drug convictions - one for possession of the drug and another for possession of paraphernalia, that will leave you in the worst position of having your fiance never eligible for a waiver and therefore neither for an immigrant visa under current law. You may also want to talk with a criminal attorney to see if there is a way to vacate or otherwise eliminate these convictions. An expungement won't do it unless they were incurred in the 9th Circuit.

To clarify another point, Tilanna's reference to a waiver (212(d)(3)) she had via Canada above is for a non-immigrant visa. That doesn't apply in your case because unless you were both living in NZ and had proof of strong ties there, they wouldn't give him a non-immigrant visa because of your relationship. They would assume he was an intending immigrant.

Here are a list of attorneys that are familiar with and recommended for waiver cases. http://immigrate2us.net/forum/showthread.php?t=889

All the best!!

Agree, he should check with a lawyer.

I am assuming they never filed for AOS as the divorce came on quickly after arriving? If so, basically, he can only adjust based on the original petition his now ex-wife filed since he entered on a K3. If no AOS was filed and since they are now divorced, he can not adjust. If he marries again here, he could not adjust based on a new petition from the new wife. If he overstays more than 6 months he will have a ban and will need to file for a waiver to over come it, or stay outside the U.S. for 3 or 10 years depending on how long the ban is.

The waiver for the overstay is a long, involved process and not always approved, especially for MENA countries as most of them go to Athens for adjudication. Avoid the overstay of more than 6 months is the best advice possible. Double check with an attorney before he leaves to know exactly when that overstay would/has started.

I was in the US with an "O Visa for the gifted and talented" my employement was terminated. I was under the wrong assumption that I could look for another sponser within the US I stayed in the US for 5 months looking for another sponser . I actually found one and was in they were in the process of submitting my paperwork. I left the US for a wedding in mexico when I tried to reenter at DFW airport I told the truth and was given a 5 year Ban. The immigration official could of given me the option of just returning to mexico but he had it in for me. However, the immigration official supervisor refused to sign off on the document for expidite removal that his subordiate had drawn up and signed. My question is can I contest the ban on a procedural issue such as the supervisor not signing the document? My employer to be did not want to go thru the hassel of the ban so even though I had an offer in hand they withdrew it. This also is an issue as i try to find another employer in the states

any advice will be appreciated.

Your post is confusing. Were you removed or allowed to withdraw your entry? What does the paper say that you were given? I don't think you can contest anything, but you probably can request a non-immigrant waiver for a future entry. Search on 212(d)(3) waiver or form I-192 for more info. Not sure if you also need I-212 if you had ER or if the non-imm waiver works for that too. Perhaps others can add their experience on this.

In Indian law, CO stated they were not married legally in the government so why dont you understand that they got denied.. Its his fault for knowing that they had limited time to get married and he even acknowledge they were not married correctly. No one in the US can help this case as first of all, he filed for spousal visa (IR1/CR1) and they werent even married correctly...

Abby,

I know it is difficult to keep up when the thread was hijacked by a new poster. I wasn't responding to the OP, but to PUNKMADA. They should have started a new thread, but as it is an urgent issue, I responded in this one. They are not in India, they are in EGYPT.

The fact remains, they have a problem that CAN and SHOULD be address immediately with the help of their Congressman/Senator to try to avoid a bigger and longer problem if their case is sent back to NVC.

Hi, if anyone has the help about this case please tell me. I married religiously in Egypt and the marriage is not recognized there or in USA, we filed K1 visa and it was refused under the same clause as yours. Please tell me any information that you might have about this. Thanks

What exactly was the reason for your denial? If I understand, you filed K1 for fiance visa, had religious ceremony that is not legal marriage in Egypt or US, but US embassy in Egypt has denied your K1 because they say you are married. Is that correct?

Assuming that is the case, I would copy the US embassy website on legal marriage in Egypt, and write an explanation responding to their accusation and send it to them in email. You should detail what your ceremony was and show how it is not a legal marriage using their own website as evidence to support your position. http://cairo.usembassy.gov/consular/acs12.htm "The only legal marriage for foreigners in Egypt is a civil ceremony performed at the local marriage court, which is in accordance with Islamic practice. Persons wishing a religious ceremony may arrange for one separately, but it is the civil ceremony that establishes the legal marriage."

I would do this IMMEDIATELY, before they send your case back to NVC. Also, immediately contact your Senator or Congressman for help. You will need to give them written permission to help you. They can fax that to you to sign or you can go to the office in person. Don't wait on the mail. Tell them what happened, the embassy made an error and are trying to send your case back, give them a copy of the email you sent to Egypt and ask them to inquire for you and request that the embassy review your case.

You're right in that the determination of fraud goes to intent, misrepresentation is the "intentional" withholding or lying about "material" information. The way the OP phrased his question, implies some intent to commit fraud, e.g. he did not say he has now decided he married the wrong sister and is planning to marry his true love, the other sister. If it is not fraud, then he should change the way he speaks about it.

You are not correct though that mere suspicion is not enough to have their petition thown out by DOS. It may not be enough according to the law, if they have an approved petition it is supposed to be prima facia evidence of a valid relationship eligible for immigration benefits. However, because the DOS CO has discretion and you have no right to appeal their denial of a visa based merely on suspicion, you are still SOL if they make that decision based on their assumptions or speculation. Disgracefully, they do this all the time, even to obviously bonafide couples. While a conviction/fine/jail is unlikely in this scenario, a denied visa and charge of misrep is very likely.

Thank you everybody so much for the help. Please give me any more advice, this is going to be a tough battle.

Your girlfriend's father should have been given a paper defining exactly why he was refused the visa and what they are saying is causing his inaddmissibility. If it is INA 212(a)(2)(A)(ii) and there was only one conviction, then the punishment under the law he was convicted would have to be more than a year in prison (even if he was sentenced to less) to make him inadmissibile. If the conviction is over 15 years old, he does not have to prove extreme hardship. He has a slightly different burden:

Take care.

I agree with EMT's responses. I would just add that you can put a notation on the form for the date to clarify that you are putting the date of you DS-230 was filed.

I was curious on the misrep charge. Are you saying you came to U.S. and were already married to USC and had originally planned to return to Canada and then for some reason ended up deciding to stay and file for AOS? If that is the case, it is not really misrep if you can prove that your original intentions WERE IN FACT to return to Canada. What was the reason you decided to stay? You may still have to end up filing the waiver if they won't reconsider the decision based on your proof, but you should include a discussion of the situation in the waiver letter to show present your evidence and includes copies of any relevant supporting materials.

Misrep is an INTENTIONAL lie or withholding of MATERIAL information that would affect their decision. It needs to be both intentional and material.

If you said you planned to return to Canada and really planned to stay and adjust, then it is misrep.

The bottomline is to understand if your marriage is recognized in the country where it was performed as a legal marriage or just a religious ceremony.

For example, in Egypt you can have a ceremony with your family and a religious officator but if you don't take the next step and register that marraige, it is not recognized as a legal marriage as far as the government is concerned and therefore USCIS/DOS. However, your family may recognize that as a valid marriage because you followed the religious ceremony and committed before God.

If you are legally married (based on the legal requirements, not just religious ceremony) you can not use a K1 visa. You would need to start over with a K3 or CR1. If you are not legally married, K1 is the only option.

Make sure you are not confused so that the interviewer does not become confused.

I wonder why you would spend time and money on an appeal for a denied K-1 where your fiance's divorce was not final yet. Seems there is no question of the facts nor of the law. What was the basis for the appeal?

Nevertheless, as the AAO said, the denial doesn't prejudice you from filing again. Either another I-129F for K1 or getting married and then filing I-130/I-129F for K3/CR1.

The letter EMC was referring to likely doesn't apply in your case. That letter, if I am thinking of the same one, referred to petitions that were returned where the CO accused the couple of fraud marriage/relationship. In that case, the OP would need to respond to any NOID to avoid a potential misrep charge where CO prematurely enters that in the system even though it is based only on an accusation.

You will likely however, have to deal with IMBRA, where another I-129F filed by same petitioner. Not a big deal, but just another step in the process and again, per attorney Marc Ellis, a misinterpretation. It is supposed to only apply when it is a different beneficiary, not the same one.

Anyway, you might want to consult with an attorney to answer any questions you have and make sure you have all your documents properly prepared this time. But go for it.

I dont know your case or details but i wouldnt hurry this decision, sometimes there are things that can be done to change the outcome of a first denial

we have weighhed all options , this is the last resort. something else happenned in germany thats on his police document but that was 8 yrs ago , my husband has never done drugs but he was in a vehicle with friends that 1 was in possession of marijuana ,, thats another thing on his police report , so we have made the decision that we are going to marry there in morocco , and then do the visa process again in 2-3 years when he will possibly be eligible again .....insha allah . but he is a wonderful man with a kind heart , and he cant change what happenned 8 yrs ago , so we must sacrifice to be together . i didnt mean to go into detail regardding the incident in germany , i only wantted to make it clear . thx again

I wish you peace with your decision. You don't have to say goodbye to your daughters, just see you later. You can visit and they can visit, so it is not goodbye. It will be hard on everyone and a big adjustment, but you can make it work.

As to your husband's situation, under current laws any drug related conviction with the exception of a single conviction for possession of less than 30 grams of marijuana is not waivable for an immigrant visa. There is no waiver and it is a permanent inadmissibility.

If it falls within that exception, he would be eligible to file a waiver NOW, no need to wait. If it does not fall within that exception, without a change in the law, he would never be issued an immigrant visa but he could potentially receive a non-immigrant (like B2) with a waiver (212(d)(3)/ I-192). That would require him proving he did not have immigrant intent and showing ties to his country.

I am not aware of any case where a deportation from a foreign country would require a 10 year wait for a US visa. More likely, it is the drug related incident, which I am assuming resulted in a conviction of some kind appearing on his record, that is causing the problem.

Beyond that, the work American Families United is doing with lobby efforts in Congress to change the way waivers are handled for spouses of citizens and LPRs would help, once we get it passed. If you are interested in helping that effort, check out www.americanfamiliesunited.org.

I with you luck and happiness in whatever road you choose.

Read the following statement from the department of state site :

"When Can a petitioner refile after a denial? A petitioner may refile at anytime, however, if a petition is pending for further review, the consulate may hold any new approved petition until USCIS has completed their review of the original returned petition."

That the new filed petition will be linked to the original petition that is to be like walking in a close circle.

When you file a new petition, it is filed with USCIS. On the I-130 it asks if you have filed for anyone before. You list there the previous petition and who it was for (the same beneficiary). It also asks for outcome of that previous petition. You include your evidence of your relationship and rebuttal of the alleged allegations against your relationship that were used to deny at the embassy. This action will necessitate USCIS pulling the returned petition for review in order to adjudicate the 2nd one. (Rather than waiting in the last priority pile returned petitions go into.)

Once the new petition is approved, including consideration of the 1st returned petition and the alleged reasons for the prior denial, DOS should approve the visa.

What that DOS statement you noted is referring to, is an approved petition that arrives at the consulate prior to the review of the first returned petition. This usually used to occur if the I-129F was the one that was returned and then the I-130 comes through before review of the returned one. NVC has been pulling the I-130 back though when an I-129F is returned so the chance of this happening is much lower now.

It doesn't affect a new petition filed with USCIS

In our case it was even a bit different. We filed our new petition as DCF (before they stopped it). In it we included reference to the prior returned petition (it was I-129F for K1). At the interview I told the CO all about what had happened, including my opinion about what they had done (not complementary, for sure). Our I-130 was approved at the consulate and eventually, our visa was issued.

I never did hear anything on our returned petition. It was sent to CSC before they changed the procedure for NVC to act as a clearinghouse for them. Through the help of my Congressman, CSC told us it was low priority and they would review it in about 4 years. They never did. But because we had pursued a new petition, it didn't matter.

After 221(g) and visa refusal ,yesterday the USCIS received our petition

What is next.......

You should consider filing a new I-130/I-129F. Include reference to the returned petition and include all your evidence of your valid relationship with the new petitions. Include your strong objection to the accusation of fraud to put that on record and include information as to the CO's improper handling, as applicable (not providing reason for the return, not allowing you to present further evidence, re-adjudicating the petition, etc.)

http://travel.state.gov/visa/laws/telegram...grams_1388.html

Refiling will not add benefit and will lead to same result that is (221(g)) ,being patient for over a year is the solution.

One heart, what exactly are you basing this on? You are incorrect.

Waiting for the NOID and review is an OPTION, but it is not the only one.

Filing an new I-130/I129F is another Option. That is what I did and it was based on recommendation from attorney. My husband's visa was issued based on the new I-130.

Under either option, if you receive an NOID, you SHOULD respond to it, even if you filed a new petition.

After 221(g) and visa refusal ,yesterday the USCIS received our petition

What is next.......

You should consider filing a new I-130/I-129F. Include reference to the returned petition and include all your evidence of your valid relationship with the new petitions. Include your strong objection to the accusation of fraud to put that on record and include information as to the CO's improper handling, as applicable (not providing reason for the return, not allowing you to present further evidence, re-adjudicating the petition, etc.)

See the FAM and this DOS cable for info on what the CO is 'supposed' to do and how they overstep when they jump to conclusions or base decision on assumptions/illogical conclusions, etc.

By filing the new petition, you will force them to put you in their queue (most likely much shorter than waiting for them to review the returned petition) and pull that previous petition for review. Once the new petition is approved, including reference to the prior one, they will have to find another reason if they still want to deny you.

http://travel.state.gov/visa/laws/telegram...grams_1388.html

I just read and re-read the instructions for the I-129 form and it says to disclose: "Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act."

I had one marijuana posession charge for 0.3g and my sentence was 24 months probation with an expungement to follow. So someone correct me if i'm wrong, but from redading this, it looks like I wouldn't even need to indicate that I had this charge. If i'm completely in left field, can someone please let me know??

The questions on the I-129F are just the beginning. For that specific one, it appears you can answer no since you only have one conviction. Those questions were added after the Adam Walsh and IMBRA rules/regs to make sure the significant other of the USC is informed from the govt, in case you didn't mention it, of issues that the govt decided the foreign spouse/fiance should be informed.

What will be the issue for your case though are the questions on the DS-230 part II that you will need to provide to the embassy as part of your interview. That is where the questions that determine inadmissibility are asked. And also where you will need to provide certified copies of court records, etc.

The waiver that you need for a k-1 must be submitted AFTER you are denied. The k-1 is called a non-immigrant visa, but is treated as an immigrant visa because you are allowed to adjust status after entering to immigrant status. This will of course save you money in case the charges are expunged, or are small enought to qualify for the section of law I showed you.

It is possible that you won't need a waiver, but if you do, it has to be filed with the consulate during or after your interview. A waiver done before your interview will not help for the k-1, it will only allow you to travel as a visitor.

Again, talk to an attorney for a case specific more certain answer.

Just to add to this, any kind of drug conviction will make you inadmissible, either as a visitor or as an immigrant. As a visitor, you can request a waiver, usually using I-192, but check with the consulate to be sure they don't have a local requirement or actually require that form.

As an immigrant (including for K-1), you can currently ONLY qualify for a waiver (I-601) for a drug related conviction if it is a single conviction for marijana possession of less than 30 grams. However, if the conviction was in the 9th circuit and it is expunged, then no waiver is required for that particular conviction. If it is for any other kind of drug or anything other than possession, or for more than one single incident, there is currently NO WAIVER for an immigrant visa under any circumstance.

The I-601 is filed after your K-1 interview at which you would be denied a visa because of the inadmissibility and then allowed to file for the waiver. Along with the I-601 you will need to include substantial evidence of the extreme hardship your spouse would suffer if the visa were not granted. Check immigrate2us.net for more info on extreme hardship and waiver experiences.

Any other reasons they said it was denied?

No. The letter just says that my husband faild to produce nay evidence of a valid relationship to the petitioner. My husband said that in interview only requested pictures and e-mails. She refused to look at the insurance policys (car and medical in both our names) and phone bills that he took along to the interview.

From what ive seen on past posts, the trend seems to be correct. You have to present exactly what they ask for. However, I would think that they would give you time to rectify the situation and bring in the necessary docs.....seems a bit strange.....

Have you tried professional legal advise...sounds like your case may need it.....

It is not strange at all. It happens far, far too frequently. The CO makes a decision based on assumption and ignores or doesn't even look at the evidence presented. Doesn't matter what evidence it is. Doesn't allow you to present evidence and sometimes doesn't even tell you there is a question about the relationship. It is not right and it is not following the law, but they do it all the same.

The OP should IMMEDIATELY contact their Senator/Congressman and ask for help to find out where their petition is and help to get this resolved. Once it gets to NVC, they just log it and send it back to the Service Center. Also ask them the Congressman to find out what reasons the CO is alledgedly using to support their fraud accusation. Since the interview was for CR1, you will also want to find out where is the I-130. If it is not approved yet, they will probably pull it back and review your returned case when they get to the I-130. They will likely send you a Notice of Intent to Deny based on the accusations of the CO that yours is a fraud marriage.

You will need to respond to this with evidence that is not the case. Enlist your Congress Rep help now and also when you get the NOID. The more detail you can get as to what they are basing their accusations on so you can address it in your response the better. But even if you can't get more detail, then just present your case and evidence to support that yours is a true marriage and not for immigration and refute the false accusations against you. Evidence should include copies of your phone/IM logs/bills, pictures, insurance, letters from friends and family on both sides, etc. etc. etc. even if you already provided it to them before, send it again and more.

You can overcome this, but unfortunately it can take much extra time where you and your husband are left separated. I'm sorry this has happened to your family. But keep fighting and you will win. If you need more help there is a group dedicated to people in this situation that is available by invitation. Send me a PM if you are interested to know more. Also, you can read more on this thread: http://www.visajourney.com/forums/index.php?showtopic=3896

Good luck!!

I don't believe it should be an issue since you were under 18 and there was only one, and that is assuming it counts as a conviction (I'm not that familiar with what a caution is in UK terms). Here is the part of the law that would seem to apply:

9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18

(TL:VISA-46; 08-26-1991)

Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as:

(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

You can read more here http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

I sent the letter to both the Consul General, the Section Chief that wrote me the requirement, and the operator who emailed me the request as well. The main problem is that my 212 is already submitted to the District office--where it was supposed to go per law and attorneys, and is two weeks from completion, per the district office officials.

If they won't accept my approved 212--assuming they don't screw it up with their illegal 601 request--I just won't know what to do. The law is very obvious. There is no wiggle room in this case.

I agree with all that you said.

In addition to the higher ups at the embassy, I would also suggest contacting DOS in Washington. I called the office of the AssistSec of State for Consular Affairs, at the time was Maura Harty. They were EXTREMELY helpful, I only wish I had contacted them sooner than after 5+ years. I believe Harty has left now not sure who the new Assist Sec of CA is, but that same office should be able to help. To be clear, I'm not talking about a Visa Specialist, but the actual office of the Assist Sec. I don't have the numbers handy but they are listed in the DOS phone list.

In theory, the consulates are supposed to follow the law, in practice however, because there is really no accountability they are free to act as they please. This can include requiring forms that aren't required, denying visas based on assumptions with no supporting evidence or facts, and much more. Fortunately the majority works properly, but there is a significant minority (in my experience) that operates at their own discretion.

The net result is that you are at their mercy. The first you can do is to present your legal argument to them that the I-601 is not required and try to convince them. Sometimes having a lawyer or Congress office help in this can help make a stronger argument, but not always. If that works, great. You might also try to contact a higher up official in the State Dept Bureau of Consular Affairs. I believe this is the only way our case finally came to a resolution, even though we had to file the waiver, wait for it to be denied, file a MTR that was ignored, request an advisory opinion that responded incorrectly, and finally on appeal the AAO admitted the waiver was never needed in the first place.

The last thing you can do, is just file the 601, state in it the legal argument as to why it is not required but that you are filing it only at the requirement of the embassy. You will be out $545, but it probably won't add much time to the adjudication of your I-212 and at least the embassy will then accept your I-212.

Just my 2cents.

I will have my family write some letters along with friends. I am just hoping once they get the police certificate they need everything will be okay. Just wishful thinking

In addition to YOUR family and friends, also include letters from HIS family and friends. Any one you met or spent time with together when you were there will be helpful. It is more likely that they are assuming he is the one frauding you, not that you are both in it together. Having his family and friends supporting you both is equally or maybe even more important to dispute that assumption on their part. THey don't have to be notarized but should include how they met you, how happy you seem together or what event/situation you met, etc. basically something to illustrate familiarity with you as a couple.

Definately assume they don't have any of the original relationship evidence you submitted and submit it again. If you have a log that shows the times you were logged onto IM and chatting, print that log out too. Doesn't have to be all of the actual chats, but even a log is helpful.

Make sure you do ALL you can to overwhelm them with evidence so they don't act on their assumptions and return your petition. Believe me, you don't want that to happen.

Good luck!!

Just wanted to add that if she did not see an immigration judge then she was not deported she was just refused entry. As for the A# it refers to why the immigration officer refused her entry.

To clarify, it isn't whether you see a judge or not that determines a deportation. POE officers can do an expedited removal which is effectively a deporation with all the consequences thereof. No need to see a judge.

As emt suggested, do an FBI fingerprint check to find out for sure on the deportation. It is faster than an FOIA.

http://www.fbi.gov/hq/cjisd/fprequest.htm

As someone else posted 212a7 has to do with not having a valid visa or passport. I am not well versed on the nuances for Canadian citizens, other than to know they have a bit of a special situation. However, if it is similar to the VWP, having overstayed even one day on a previous entry will require you to obtain an actual visa on any future entries. If you try to enter without one, you will get the 212a7 denial.

The papers he was given show he withdrew his application for entry. It is not a deportation. The fact that he withdrew his entry is what is more important here, not that he didn't go before a judge.

Assuming he had 6 months allowed entry on his 2006 entry, he overstayed by less than 180 days and he would not be subject to any bars. No waiver should be needed for either a K1 or K3. Which ever visa you choose to pursue shouldn't be affected by the events of yesterday, other than if you go the K3 route, you should plan on getting married in Canada, not U.S.

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.