Peruvian Congressman involved in visa fraud

UNCLAS SECTION 01 OF 02 LIMA 002616

SIPDIS

SENSITIVE

DEPT FOR CA/VO/L, CA/FPP, CA/EX, WHA/AND

MEXICO FOR DHS
DHS FOR CAO

E.O.E.O. 12958: N/A
TAGS: KFRD CVIS PGOV PE
SUBJECT: Peruvian Congressman involved in visa fraud

Summary
--------------

1. (SBU) According to a recent investigative report in the
newspaper "Correo" dated March 17, 2005, Peruvian
Congressman Roger SANTA MARIA Del Aguila, DPOB: September
26, 1950, Peru, appears to have been involved in
visa/passport fraud by fraudulently filing a birth
registration for a child who is actually his step grandson.
He obtained a diplomatic passport and non-immigrant visa for
the child. The Peruvian Congressional Ethics Commission has
reviewed the case but will not investigate further as the
Congressman admitted he erred and subsequently corrected his
step-grandson's documentation at Congress. On May 4, 2005
Post received a request for information from a Criminal
Investigative Unit (DIRINCRI) prosecutor, regarding the
child's visa. The biological parents have initiated
judicial proceedings against the Congressman.

Background
--------------

2. (SBU) Congressman Santa Maria applied for and received a
Peruvian diplomatic passport (number 0004696) for a child
identified as John Andres Santa Maria Vargas DPOB: May 1,
1996, Peru. He submitted a birth registration from the
district municipality of Padre Marquez showing the
Congressman and his now ex-wife, Judith Vargas Gomez, as the
biological parents. NIV records show that the child was
issued a non-immigrant visa on February 18, 2002 based on a
Peruvian Protocol Note received from the Foreign Ministry
(YY/000185-02). The Congressman's ex-wife was also issued a
non-immigrant visa the same day.


3. (U) Post confirmed that the child's true biological
parents are John WAGNER Salmon and Judith Rocio MENDOZA
Vargas, daughter of the Congressman's ex-wife. The couple
registered the child in 1996 at the municipality of Jesus
Maria, submitting a hospital record of birth for the
registration. Post's Fraud Prevention Unit (FPU) confirmed
the authenticity of this record. The minor is in fact the
Congressman's step grandson.


4. (SBU) The biological father, John Bernabe WAGNER Salmon,
DOB June 11, 1968, was issued a non-immigrant visa on
January 12, 1999, expiration January 11, 2009. According to
his Peruvian Immigration record of entries and exits, he
resided in the U.S. from January 1999 to July 2001. DHS
Lima confirmed that he did not apply for adjustment of
status during that time. The biological mother, Judith
Rocio MENDOZA Vargas, applied for a non-immigrant visa at
post on two different occasions and was denied under section
214(b) of the INA. Her last application was shortly after
the child's visa was issued and she appeared accompanied by
another child, Annie Mia WAGNER Mendoza born March 4, 1999.
She told the Consular Officer at that time that her husband
was chief of security for the Congressman.


5. (SBU) According to Peruvian Immigration arrival and
departure records, the Congressman's ex-wife, Judith Vargas
de Santa Maria, and their daughter, Sofia Santa Maria Vargas
have been residing in the U.S. since September 23, 2004.
According to Peruvian Immigration departure and arrival
records, the child, John WAGNER (AKA John SANTA MARIA),did
not travel to the United States. Instead, he remained in
Peru with his biological mother. Post believes the
Congressman and his ex-wife were knowingly aiding and
abetting the child's entry to the U.S.

Bio Note
--------------

6. (SBU) Congressman Santa Maria is a representative from
Ucayali for the local political party Alianza Popular
Revolucionaria Americana (APRA). A primary school teacher
by profession, he is a member of the following congressional
commissions: President of Amazonia and Indigenous Matters;
Secretary of Education, Science and Culture; and Consumer

SIPDIS
Defense Commission. He is also the Ucayali Regional Director
of National Penal Institute (INPE) and Vice President Banco
Materiales Pucallpa. He has shown considerable interest in
the plight of coca growers and at times spoken in support of
cocaleros.

Actions taken at Post
--------------

7. (SBU) Post has (1) revoked the child's visa under section
214(b) since the visa was issued under false pretenses; (2)
revoked John Bernabe WAGNER Salmon's B1/B2 visa under
section 214(b) due to his apparent unlawful presence in the
U.S.; (3) entered a quasi 212(6)(E) hit in CLASS for
Congressman Roger Santa Maria Del Aguila, DPOB: September
26, 1950, Peru. The Congressman and his ex-wife knowingly
were aiding and abetting the child's entry to the U.S. when
they obtained a false birth certificate for their grandson
and used that to obtain a protocol note in support of his
non-immigrant visa application. Post has notified all
parties that their visas are no longer valid and requested
that they come in for an interview in the Non-Immigrant visa
section. Post will be submitting a separate request for
action to the Department to revoke Mrs. Santa Maria's visa
under section 212(a)(6)(E),as she is currently residing in
the U.S.

Struble