Kerala Field Investigations Yield Low Fraud, but Good

UNCLAS SECTION 01 OF 03 CHENNAI 000013

SIPDIS

DEPT FOR CA/VO/F/P, CA/FPP- JILL NYSTROM, AND CA/OCS/OCI
DEPT PASS DHS

E.O. 12958: N/A
TAGS: CASC CVIS KFRD CMGT IN KOCI
SUBJECT: Kerala Field Investigations Yield Low Fraud, but Good
Karma


1. Summary. While Post frequently reports on H-1B fraud trends in
Hyderabad and Bangalore, the state of Kerala, on India's southwest
coast, deserves attention as the primary source of immigrant visa
applicants in South India. On a recent field investigation trip
throughout the state, an FPU team traveled to many small towns and
villages for investigations, performed consular oversight and
outreach at banks and travel agencies, and visited an orphanage that
is one of Post's primary sources of adoption cases from
Kerala. While the fraud rate in Kerala is generally low, Post
confirmed fraud on 50 percent of the investigations this trip. End
Summary.

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Friendly Reception for Fraud Investigators
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2. An FPU team consisting of a Conoff and Immigrant Visa (IV)
Assistant traveled in Kerala from September 21-25 to conduct
immigrant visa fraud field investigations. The trip also included
visits to VFS Global and HDFC Bank offices in Cochin that officially
assist with the visa process; local tourist agencies that
unofficially assist visa applicants; and an orphanage that is active
in adoptions. All visits were made to combat fraud and promote
awareness of immigration law and procedures.


3. Beginning in Trivandrum and finishing in Cochin, the trip
included six IV investigations and took Conoff and Visa Assistant
through sections of rural Kerala, as well as the cities of Kollam
and Kottayam. The team visited private homes, marriage halls, and
churches to check the legitimacy of relationships and marriage dates
or status. Immigrant visa applicants from Kerala are predominantly
Christian, and churches have been quite helpful in resolving cases
of possible visa fraud. Most priests will either provide Post with
written confirmation of the veracity of a marriage or will make
marriage records available for inspection.


4. The FPU team visited the homes of several visa applicants. Of
the six investigations, one was a K3 case and the other five were
all either F2A and F2B cases. Post sees a particularly high rate of
fraud in F2B or related cases. As the F2B category is for the
unmarried son or daughter of a legal permanent resident, many visa
applicants hide marriages in order to qualify for the visa. After
they enter the United States, they then petition for spouses and
children under the F2A category. In other cases, F2B applicants
marry during the IV waiting period and do not inform Post of their
change of marital status.


5. While fraud investigation was the purpose of the visits, the team
was struck by the general hospitality and warmth they received
throughout the trip. Neighbors, in all cases, were happy to oblige
the Conoff with exhaustive observations and personal details
regarding IV beneficiaries. In several instances, neighbors
welcomed the Conoff and Visa assistant into their homes in order to
answer questions or wait while someone called or physically found
the individuals Conoff wished to meet.

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Meeting with Official and Unofficial Visa Facilitators
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6. Many visa applicants in India use the services of tourist
agencies not only for travel planning, but also for visa application
preparation. This is especially true among elderly IV applicants
from Kerala. Many couples have daughters who entered the United
States on IVs as nurses and are now U.S. citizens. Many of these
people do not speak or write English and go to a travel agency for
help with visa forms. Travisa is one of the agencies used most
frequently by many of the applicants in Kerala. Post has had
issues, on occasion, with Travisa representatives not completing the
forms completely or correctly, leading to misunderstandings or
longer pre-screening times for applicants at their interviews. The
FPU team visited two of the newer Travisa centers in Kerala to
discuss proper procedures and the importance of full disclosure of
information by applicants. The staff at both centers were amenable
to the discussions and seemed happy to take any criticism or
recommendations into account, and the FPU team did not observe any
malfeasance on the part of the travel agency.


7. Another tool in the anti-fraud arsenal is close oversight of
partners in the visa application process. The FPU team visited both
VFS, the visa appointment company used at Post; and HDFC Bank, which
handles all final visa fee demand draft transactions. During both
visits, Conoff was able to address questions or take back issues to
Post that were of interest or concern to VFS and HDFC. Balancing
customer service with proper procedures was very important to both

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organizations. The offices welcomed the Conoff and impressed her
with their professionalism and efficiency. For example, HDFC was
willing to meet despite a bank strike on the day of the visit.

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Orphanage Visit and Hague Information Exchange
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8. Given some past issues related to questionable adoptions, Post is
cognizant of the need for close scrutiny and oversight of the
organizations handling adoptions to the United States. Adoption
rules in India are quite strict in terms of who may legally adopt a
child in the country. Normally only Hindu couples may complete an
adoption in India, while non-Hindus may take court ordered custody
of a child, but must complete the adoption abroad. In other cases,
children are not truly orphans, but are rather turned over by their
parents to other family members or orphanages because they are
unable to care for them. While the parents may surrender their
rights on paper, they are still very much in contact with the
children.


9. On September 23, Conoff and IV Assistant visited Sishu Kshema
Bhavan, an orphanage located in Parathode, Kerala. They were
greeted by several staff members and spent almost an hour touring
the facility and speaking with Ms. Daisy, one of the administrators.
As this orphanage handles many children bound for international
adoption, the visit's primary aim was to gain some familiarity with
the facility, but also to inform the administration of the new Hague
Convention procedures for processing adoptions.


10. At the time of the visit, there were 33 children and a staff of
43 on site. Ms. Daisy explained that the normal child to caregiver
ratio is 4:1 and that a majority of the children were under 2 years
old. Two children at the facility were over the age of 9. Daisy
stated most of the children had been turned over to Sishu Kshema
Bhavan by unwed mothers and that the facility also offers support
services for these young women and their families. A few children,
mainly those with health problems, were from other agencies. Daisy
mentioned that close to 70 percent of the adoptions are local and
are completed within six months to one year. A small percentage of
the adoptions are to international couples, mainly in the Gulf
states, the UK, or the US. All international adoptions are handled
through agencies.


11. Ms. Daisy explained that Sishu Kshema Bhavan maintains its
funding through the adoption agencies in the form of donations and
fees. U.S. adoption agencies donate funds and adoptive parents pay
a maximum fee of $3,500 for the adoption. This fee covers medical
screenings, the visa process and passport for the adopted child.
The families are free to donate additional funds through the
adoption agency or a church trust.


12. The facilities at the orphanage are set in a wooded area well
away from the local road. The buildings sit on well maintained
grounds, which include outdoor play equipment for the children. The
facility has sleeping and playrooms for several different age
groups, as well as medical and nursery facilities. There are staff
quarters on site as well.


13. The children observed by Conoff were cleanly dressed and
appeared well fed. Ms. Daisy stated a doctor visits the facility
two or three times a week to check on the children. She made a file
available for Conoff's review and it included daily tracked
information on medical checkups, feeding and play schedules for the
children. She said that files are kept for each child until the age
of 18. She also showed Conoff a number of photos of former
residents sent to the facility by adoptive parents over the years.



14. Conoff and the Visa Assistant were able to observe several
playgroups of different ages. All of the children appeared healthy,
happy, and active. Ms. Daisy stressed the facility's belief in
keeping the children's minds engaged. For example, the older
children have a designated play time each day. Different types of
toys or activities are rotated every few days so the children do not
get bored and restless. Conoff observed a storage room with a wide
selection of toys for the children's use. The variety of activities
challenges them and teaches a spectrum of motor and cognitive skills
in the staff's opinion. The staff members were actively involved
with the children through play, song, and care-giving during the
Conoff's visit.

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Conclusion
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15. Though Post's investigations found fraud in three of six cases,
on the whole, fraud in Kerala is low when compared to other areas of
South India. It still exists, though, and requires on-the-ground
investigation. This work is facilitated by good cooperation by
local officials and residents in our efforts to combat fraud.

SIMKIN