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### Viewing cable 09GUADALAJARA379, FRAUD SUMMARY - (GUADALAJARA)

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09GUADALAJARA379 | 2009-10-02 20:39 | 2011-02-18 12:00 | UNCLASSIFIED | Consulate Guadalajara
Appears in these articles: http://wikileaks.jornada.com.mx/notas/fraudes-visas-guadalajara-hermosillo

`

    VZCZCXRO0602
    RR RUEHCD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
    DE RUEHGD #0379/01 2752039
    ZNR UUUUU ZZH
    R 022039Z OCT 09
    FM AMCONSUL GUADALAJARA
    TO RUEHC/SECSTATE WASHDC 1595
    INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
    RUEHME/AMEMBASSY MEXICO 2779
    RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
    RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
    RUEHGD/AMCONSUL GUADALAJARA 5675

` `

    228187
    2009-10-02 20:39:00
    09GUADALAJARA379
    Consulate Guadalajara
    UNCLASSIFIED

    VZCZCXRO0602
    RR RUEHCD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
    DE RUEHGD #0379/01 2752039
    ZNR UUUUU ZZH
    R 022039Z OCT 09
    FM AMCONSUL GUADALAJARA
    TO RUEHC/SECSTATE WASHDC 1595
    INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
    RUEHME/AMEMBASSY MEXICO 2779
    RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
    RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
    RUEHGD/AMCONSUL GUADALAJARA 5675

    UNCLAS SECTION 01 OF 04 GUADALAJARA 000379

    SIPDIS

    DEPT FOR CA/FPP, DHS FOR CIS/FDNS, DEPT ALSO PASS TO KCC

    E.O. 12958: N/A
    TAGS: KFRD CVIS CPAS CMGT ASEC MX
    SUBJECT: FRAUD SUMMARY - (GUADALAJARA)

    GUADALAJAR 00000379  001.2 OF 004

    Country Conditions

    ¶1. (U) Guadalajara is the second largest city in Mexico and the
    consular district covers the Mexican states of Jalisco, Colima,
    Nayarit, and Aguascalientes although both post accepts
    applicants from throughout Mexico.  Conditions within the
    consular district are similar to other parts of Mexico; the
    continuing Mexican economic crisis and high unemployment rates
    coupled with the dramatic increase in narco-related violence
    over the last year have not diminished the desire of many
    Mexicans to live, work, or study in the United States.  These
    conditions have also resulted in a significant increase in
    confirmed visa fraud at post.  While demand for nonimmigrant
    visas has increased 7% over the prior reporting period,
    confirmed fraudulent applications have increased 137%.  Post had
    a significant increase in Passport and Consular Report of Birth
    Abroad applicants as result of WHTI implementation, however,
    confirmed ACS fraud has remained relatively constant over the
    reporting period.  Post has not seen increased instances of SBA
    related fraud as reported by Consulates closer to the border
    region.

    NIV Fraud

    ¶2. (U) Post adjudicated 81,513 NIV applications during this
    reporting period. 59,106 applications were approved and 22,407
    applications were refused for an overall refusal rate of 27.5%.
    Of these refusals, 21,258 were in the B1/B2/BBBCV category.
    During this period, 422 NIV cases were referred to FPU, with 247
    confirmed fraudulent and 16 pending further action.
    Additionally, 673 applicants were found ineligible under 6C1 of
    the INA, with the difference between FPU confirmed fraud and
    actual application of 6C1 attributable to false identities
    discovered through IDENT, conversion of quasi-P6C1 CLASS hits
    when subjects newly apply for visas, and reapplication of prior
    6C1 ineligibilities for purposes of waiver processing.

    ¶3. (U) Guadalajara continues to experience high levels of NIV
    fraud that primarily consists of mala fide NIV applicants who
    present altered, false, or counterfeit documents intended to
    inflate their employment status or education.  Many of these
    fraudulent applicants are found ineligible under 214b of the INA
    by the adjudicating line officers, as the fraud is easily
    detected through normal interviewing techniques and electronic
    FPU resources available in the interviewing windows.

    ¶4. (U) Falsified documents are readily available from a variety
    of sources, including various known mala fide visa facilitators
    just steps from the Consulate.  These facilitators offer a range
    of products, from false bank documents to false education
    credentials, from a cost of $15 USD to upwards of $1,500 USD.
    FPU prescreening, RSO Surveillance Detection, and trained line
    officers work together to identify those who trade in documents
    and carry them to their visa applications.

    ¶5. (U) FPU performs vigorous pre-screening of H2B, H2A, and P-1
    applicants and groups applying for visas to participate in
    sporting, musical, or cultural exchanges in the US on B1/B2
    visas, providing NIV officers with necessary information to
    assist them in the adjudication process.  The FPM regularly
    conducts LexisNexis checks on unknown business petitioners and
    FPU uses various internet tools such as Facebook, YouTube,
    MySpace, and Google to verify group member lists, tour dates,
    and claims of notoriety.

    ¶6. (U) The H2B and H2A categories are generally low fraud
    categories at Post.  Individual beneficiaries often attempt to
    conceal prior immigration violations and criminal histories, but
    generally applicants are qualified and intend to undertake the
    work petitioned.  However, Post has seen an increase in
    applicants who wish to work for employers for whom they have
    previously worked without legal status; in some instances
    coached to conceal their prior work history by the petitioner or
    local agent. Post has discovered several mala fide petitioners
    and/or local agents who have charged applicants fees to become
    beneficiaries; sometimes when petitions had no available slots
    or when there was no approved petition.  We continue our
    outreach efforts with local press and NGOs to educate workers on
    their rights and prohibition of the payment of any fees.

    ¶7. (U) The P-1 category continues to be a significantly high
    fraud category.  FPU investigators routinely uncover phantom
    band members added by local agents or band owners/managers who
    have no clear role in the groups and/or are unknown to
    long-established group members.  FPU works to unravel fraudulent
    "ringer" additions and to identify the source, fellow members or
    unscrupulous agents, to ensure bona-fide group members can
    travel to perform and fraud perpetrators are held accountable.

    GUADALAJAR 00000379  002.2 OF 004

    In addition, Post has continued to see the trend of prior P-1
    visa holders that use their visa to undertake unauthorized
    employment to avoid scrutiny at the Port of Entries for extended
    back-to-back six months stays in the United States that a
    tourist visa holder is likely to experience.

    ¶8. (U) Another significant NIV fraud category is encountered
    among groups applying for tourism visas to participate in
    sporting, musical, or cultural exchanges in the US.  These
    include cultural exchanges (artists, dancers and musicians)
    coordinated between local municipalities and sister
    cities/US-based Mexican social organizations, sports teams (both
    professional and amateur), invited to participate in tournaments
    in the US, and arts and crafts vendors invited to display and
    sell their wares at various cultural fairs. Many times the
    exchanges and events are bona-fide, but individual applicants
    may exaggerate their positions within organizations and/or
    employment status and conceal details on how the trips are to be
    financed.  FPU routinely trains officers in the application of
    the requirement under 9 FAM 41.31 N11.4 for payment of expenses
    of professional entertainers and 9 FAM 41.31 N13.7 for amateur
    performers.

    ¶9. (U) Finally, Post has experienced a marked increase in the
    number of unqualified/fraudulent TN/TD visa applicants,
    specifically in the Management Consultant and Scientific
    Technician categories, and E visa applicants with non-qualifying
    business activity.  Post's denial rate for TN/TD has increased
    over 58% from the prior reporting period to 19%.  For E visa
    applicants, the denial rate has increased over 78% from the
    prior reporting period to 31%.  FPU is working with NIV to
    increase prescreening and analysis in these visa categories.

    IV Fraud

    ¶10. (U) Post does not process immigrant visas.

    DV Fraud

    ¶11. (U) Post does not process Diversity Visas.

    ACS and U.S. Passport Fraud;

    ¶12. (U) Post accepted 4,334 new passport book/card applications
    during this reporting period.  During this same period, 4,090
    passport books/cards were issued and 305 were denied.  Of these
    applications, 143 cases were referred to FPU, with 16 confirmed
    fraudulent and 54 pending further action.

    ¶13. (U) Post accepted 448 Consular Records of Birth Abroad
    during this reporting period.  During this same period, 412
    CRBAs were issued and 157 were denied.  Of these applications,
    26 cases were referred to FPU, with five confirmed fraudulent
    and 15 pending further action.

    ¶14. (U) FPU works closely with ACS to train officers and local
    staff on document fraud and to verify civil documents with local
    authorities.  FPU devotes a majority of its officer time to
    working ACS cases, assisting in this important work program for
    the Consulate and Mission Mexico.  Although actual confirmed
    fraud rates are relatively low, many cases referred to FPU are
    eventually denied under 7 FAM 1381 D (3) as applicants fail to
    respond to requests for additional information and/or documents
    within ninety days.

    ¶15. (U) The majority of referred passport cases are for fraud
    hits related to previously abandoned domestic applications,
    often for multiple abandoned prior cases with more than one
    person claiming to be the true owner of the identity, but with
    little secondary proof of either identity or birth in the United
    States.  Home births and births registered by midwife also
    represent a significant portion of ACS referrals.  The FPM
    investigates all cases with existing fraud hits, all cases that
    involve non-institutional births (home births, mid-wife
    deliveries) and all cases that are otherwise referred by ACS
    officers.

    ¶16. (U) FPU continues to detect CRBA fraud, with AMCITs who are
    not the birth parents attempting to obtain CRBAs for children
    they are attempting to "adopt."  As in the prior reporting
    period, one such case resulted in the arrest of the supposed
    parents and the pediatrician that sold them the baby.  FPU also
    has investigated several cases of falsified physical presence
    documentation for the transmittal of citizenship.

    ¶17. (U) Additional confirmed fraud includes falsified parental
    consent, narco-traffickers with multiple passport identities, US
    mail fraud, selling of passports, falsified adoptions, false

    GUADALAJAR 00000379  003.2 OF 004

    births, etc. in greater numbers than prior years, likely due to
    passport requirements for travelers under WHTI.  One new trend
    post noted is for parents to apply for a passport domestically
    when their child is an infant, claim that the passport was lost
    in the mail and reapply at post for a different child. It is
    quite difficult to identify these infant/toddler imposters,
    especially when the PIERS record is of a very young baby and the
    parents of the real holder of the identity are present and have
    excellent secondary proof of birth and other official documents.

    Adoption Fraud

    ¶18. (U) Post does not process adoption cases.

    Use of DNA Testing

    ¶19. (U) Post utilizes DNA testing in ACS cases where doubt
    exists regarding paternity.  In some cases, DNA analysis is the
    only viable means of confirming the paternal relationships that
    are claimed. Post suggests that DNA testing could be used to
    resolve outstanding uncertainties on such cases but makes it
    known that DNA tests are not required.  During the reporting
    period, FPU did not refer any applicants for DNA testing.

    Asylum and Other DHS Benefit Fraud

    ¶20. (U) Post continues to provide support to DHS offices located
    in the U.S. by conducting field investigations and verifying
    casework information and other documentation.

    Alien Smuggling, Trafficking, Organized Crime, Terrorist Travel

    ¶21. (U) Mexico is a major transit country to the U.S. for both
    Mexican citizens and third country nationals attempting to enter
    illegally and for narcotics trafficking.  The P-1 visa category
    remains vulnerable to alien smugglers planting non-qualified
    applicants on petitions for a fee.

    DS Criminal Fraud Investigations

    ¶22. (U) The FPU enjoys a strong relationship with RSO and the
    recently arrived ARSO/I.  The ARSO/I program, which includes the
    DS Special Agent and the H/L FSNI, has quickly integrated their
    work with that of FPU and continue to strengthen Post's ties
    with local law enforcement.  Since the arrival of the ARSO/I at
    post, more arrests have been made including an H case and a
    document vendor. The ARSO/I program has also been involved with
    several successful internal investigations and has assisted with
    sensitive American Citizen Services child endangerment cases,
    which have resulted in fugitive returns and arrests in the
    United States.  The ARSO/I program continues to strengthen
    post's fraud prevention profile and has committed to provide
    Fraudulent Document Training, in coordination with Diplomatic
    Security Anti-Terrorism Assistance Program, to both the FPU
    staff and to local contacts.

    Host Country Passport, Identity Documents, and Civil Registry

    ¶23. (U) The Mexican passport contains a large number of security
    features, such as microprint, digital photographs, ghost
    photographs, 3D barcodes, latent imaging, fingerprint image, UV
    features, etc.  The Mexican passport security features have been
    effective against counterfeiting and photo substitution. FPU has
    detected a handful of cases of NIV applicants with genuine
    Mexican passports under false or cloned identities.

    ¶24. (U) Impostors obtain the genuine passports with false
    identities by presenting false IDs (false birth certificates
    and/or false voter's cards) at the passport offices of the SRE
    (Mexican Ministry of Foreign Affairs).   Other means of
    fraudulently obtaining Mexican passports include cloning an
    identity using a genuine birth certificate and/or a voter card.
    Post has observed that it is easy to obtain a genuine birth
    certificate with fraudulent information from many civil
    registries.  Corruption among the staff in civil registries in
    small towns is common and sometimes civil registry employees
    work with document vendors.  This situation is further
    complicated as some states in our consular district now utilize
    the equivalent of an ATM-type machine to issue certified (i.e.
    already signed) birth certificates provided one has the name,
    date, and place of birth.  Again, IDENT and Facial Recognition
    are useful tools in helping to combat this type of identity
    fraud. Post recommends the adoption of Facial Recognition
    technology to passport applications as soon as possible so that
    we have another effective tool in our fraud toolbox.  Post does
    use "FR on Demand," but it is technologically unwieldy and only
    compares faces against the terrorist screening list and visa
    records and not against prior passport applications.

    GUADALAJAR 00000379  004.2 OF 004

    Cooperation with Host Government Authorities

    ¶25. (U) Post continues to enjoy a high degree of cooperation
    with host government agencies and individual government
    officials, particularly with the Mexican Social Security
    Institute (IMSS) and the State Civil Registry Offices for
    Jalisco, Colima, Aguascalientes and Nayarit.  Our host
    government contacts continue to assist in detecting fraud at all
    levels.  Our contacts within IMSS and the Civil Registry Offices
    provide accurate and timely information needed to verify
    employment and income levels and birth, marriage, death and
    divorce records.  To date, Post has had limited success with
    local prosecutors and police in arresting and prosecuting
    document vendors for false private documentation such as
    employment letters and bank statements.  Our ARSO-I has begun
    laying the groundwork in the state of Jalisco for greater
    attention from local authorities in the prosecution of false
    document vendors who sell purported official government
    documents such as birth certificates and official government
    education documents known as cedulas.

    Areas of Particular Concern

    ¶26. (U) Post has seen a recent trend of well organized "fraud
    buses" from out of consular district, primarily from the states
    of Durango and Coahuila, where between 10% and 15% of the
    applicants have complete false document packages.  These buses
    typically take between 10 and 12 hours to reach Guadalajara from
    these out-of-district areas and Post is not sure why they are
    choosing to come to Guadalajara over other posts which are much
    closer such as Monterrey or Nuevo Laredo.  Many applicants state
    that it is because Guadalajara does not have an Applicant
    Service Center which requires a two day process for visa
    applications and others mention it is easier to get an
    appointment in Guadalajara than other posts even though as of 1
    Oct 2009 we have a current 18 day backlog versus 3 days at both
    Monterrey and Nuevo Laredo.  Post continues to research this
    trend.

    Staffing and Training

    ¶27. (U) The Fraud Prevention Unit (FPU) consists of a full-time
    FS-03 Fraud Prevention Manager (FPM), a FSN-9 Senior Fraud
    Prevention Assistant and three FSN-8 Fraud Prevention
    Assistants.  The Fraud Prevention Manager currently divides time
    between investigating ACS and NIV fraud cases, with the bulk of
    the officer's time spent on PPT and CRBA fraud cases.  The LES
    staff supports both ACS and NIV, with two positions supporting
    NIV, one supporting ACS and the other supporting all other
    agency and FPM investigative requests.  The staff rotates
    monthly through these various positions.

    ¶28. (U) Fraudulent documentation and imposter training courses
    are provided for airport and airline personnel, immigration and
    public security officials in Guadalajara and throughout the
    consular district.  However, due to the deteriorating security
    situation, post RSO has prohibited all official overnight travel
    within the Consular district with the exception of Puerto
    Vallarta as well as travel at night, which has greatly limited
    FPU's ability to do training and outreach through our very large
    geographic area of responsibility. Despite the constraints,
    during the reporting period, the unit provided onsite training
    to civil registry, SRE (Mexican Ministry of Foreign Affairs),
    and airline personnel in Puerto Vallarta and Aguascalientes.

    ¶29. (U) FPU participates in monthly in-house consular training
    days, providing training to NIV and ACS staff.  FPU offers a
    variety of courses focusing on specific industries/businesses,
    detecting false documents and imposters, and highlighting fraud
    indicators that are commonly seen at post.  In addition, FPU
    offers a "Fraud City Tour" to new NIV officers designed to
    introduce them to the various neighborhoods/areas of Guadalajara
    and to the types and scales of businesses/business activities
    found in these neighborhoods.
    KELLER

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