MUMBAI P3 GROUPS USE VISAS FOR UNINTENDED PURPOSES

UNCLAS SECTION 01 OF 02 MUMBAI 000293

SIPDIS

CA/FPP FOR JILL NYSTROM, DHS FOR CIS/FDNS

E.O. 12958: N/A
TAGS: CVIS CPAS CMGT ASEC IN KFRD
SUBJECT: MUMBAI P3 GROUPS USE VISAS FOR UNINTENDED PURPOSES

REF: NEW DELHI 01299


1. (U) SUMMARY: In June 2009, Mumbai conducted a P3 visa
validity study for CY2008. Although Mumbai had a very low
overstay rate of 0.2%, recent incidents reveal that P3 visas
were sometimes used for unintended purposes in the United
States. As a result, Mumbai adjudicates P3 visas more
carefully. In January 2009, Georgia police arrested four Mumbai
P3 group members on four counts of human trafficking. In
addition, the growing volume of information obtained through
snitch letters and informants visiting the Consulate has
increased our scrutiny of this visa category. END SUMMARY.


2. (U) Mumbai is the entertainment capital of India and sends
large numbers of performers to the United States under the P3
visa category. FPU recently conducted a P3 validation study
because of several allegations of human trafficking. Typically
posts look for fraud among individuals in large P3 groups.
However, Mumbai has found entire groups involved in potentially
criminal activities in the United States.


3. (U) In CY2008, 1,641 people applied for P3 visas and 1,329
were approved for a refusal rate of 19%. Of the 1,329 P3s
approved, ADIS records indicated that only 1,199 traveled to the
United States. The two most likely reasons for this discrepancy
are possible data errors on their I-94s or that some with visas
never actually travelled. Among those who entered the United
States, ADIS records showed that 51 did not return. Of the 51
people unaccounted for, 22 were confirmed returned by a check of
case notes entered when they returned to the Consulate for
physical cancellation of their visas. Six legally adjusted
status, 19 held B1/B2 visas, and 1 died of natural causes while
in the United States. In total, there are three unresolved
cases that accounts for an overstay rate of 0.2% of the
travelers found in ADIS. (Note: This evidence suggests that
those approved by post appear to reliably return to India.
Therefore, Post believes tracking travel patterns in ADIS is
unlikely to be a reliable red flag for travelers of concern
among this population.)

THE GOOD, THE BAD


4. (U) The characteristics of P3 groups in Mumbai vary widely.
A good group typically has less than 10 highly experienced
members or has more than 15 people who are touring with a
celebrity. The fraudulent P3 groups that Mumbai sees have some
common characteristics. They usually have from 10-30 members,
about five musicians, two or three singers, and many dancers.
They generally come from all over India, and even Nepal, and
claim to have performed together for one to three years,
although their travel abroad is rarely the same. Many have
frequent travel to the United Arab Emirates, Bahrain, Singapore,
and Thailand. If group members have previous travel to the
Unites States, they often tend to float among the same groups on
the P3 "caution list" Consulate Mumbai developed recently. They
perform a mix of Bollywood and Gujarati styles of dances, though
the native region of the applicant is often not the same as the
cultural dance they claim to know. Applicants generally have no
formal training or are self-taught.


5. (U) The group leader may have a detailed itinerary, but
generally group members can only name two or three places they
will visit out of as many as 25 purported destinations. Members
often say they do not know the details of the itinerary; the
group leader is the only one who knows. The groups say they are
going to perform at low-key venues and personal events such as
weddings, birthdays, and children's parties. When asked about
what they did on previous visits to the United States, most
members can only report one location they visited and do not
remember the venues where they performed, even though they may
have been in the United States for four to eight months.

AND THE UGLY


6. (SBU) In January 2009, four members of Jass Entertainment,
including the petitioner, were arrested in the United States on
four counts of human trafficking. ICE reported that police were
called to the petitioner's house in Norcross Georgia where the
P3 group was staying after an altercation occurred with a man
who came to visit one of the female dancers at night. ICE
reported the group was forced to work 14-hour days at the nearby
Mefil Bar and Grill. Police discovered the women were held
against their will in the house and that the women's passports,
money, and airline tickets were kept by some of the men. Two
members of the group who were originally charged on the same
counts of human trafficking, were later released due to lack of
evidence. They returned to the Consulate in April for their
verification appointment. ConOffs interviewed the group leader

MUMBAI 00000293 002 OF 002


and another man who claimed to be a singer. Both group members
said they held the only keys that locked the front and back
doors to the house. They said customers from the bar would
visit the house at night. FPU took statements from both group
members and entered P6C1s on their cases. Mumbai did not
request revocation of the petition because it had already
expired. Lookouts are attached to all group members' profiles.
The case against the petitioner and another group member
continues in the United States.


7. (SBU) In 2009, four women visited the Consulate to make human
trafficking and human smuggling allegations with the ARSO-I.
Mumbai also received several snitch letters describing
activities similar to the Georgia case. In April, two women
from a different P3 group approached the Consulate to complain
they were forced into prostitution instead of performing
cultural events. A further investigation by the ARSO-I revealed
that although they may not have been forced into prostitution,
they were not paid for services that included dancing in Texas
bars. Both women gave the ARSO-I detailed information,
including how they were monitored and treated during their trip.
In June a third woman approached the Consulate with an
information package on the P3 group Mars Management. She
provided posters showing the group dancing at a bar in the
United States and gave FPU a statement detailing how the girls
were forced into prostitution. A fourth woman, also with Mars
Management, came to the Consulate and gave local staff the crib
sheet she was told to study in preparation for her visa
interview, complete with all questions and answers. The ARSO-I
interviewed the woman but was unable to obtain a statement about
her activities. (Note: Most women seem willing to provide
information on activities that occur in the United States, but
are unwilling to implicate themselves. Fear of retribution and
cultural views on these activities appear to hamper witness
statements and further investigation.)


8. (U) In another case, a musician of a P3 group was fired after
he refused to mow lawns, which he rightly claimed was not his
purpose for visiting the United States. He filed a complaint
with the Consulate after he returned to India because the
petitioner had not paid him.

CASE MANAGEMENT OF P3 GROUPS


9. (SBU) Mumbai has implemented several control measures that
have ensured a low overstay rate. All groups are required to
return to the Consulate after their trip to have their visas
physically cancelled. This measure reminds groups that
Consulate Mumbai monitors their return to India and is more
secure than relying solely on ADIS checks. Recently, Mumbai
added a few new procedures to strengthen our group processing
workflow, including establishing a P3 "caution list" that alerts
all officers to groups with a past record of visa abuse, such as
Jass Entertainment and Mars Management. Mumbai also collects a
copy of each group's itinerary, contracts between the petitioner
and local promoter, and contracts between the local promoter and
group members. The ARSO-I said these documents can help ICE
investigate incidents of human trafficking and smuggling if they
arise.


10. (U) COMMENT: Although the validation study shows a very low
overstay rate, P3 visas are frequently not used for their
intended lawful purpose. Those who abuse this visa category
often remain under the radar as long as they do not overstay
their visas. Typical high fraud groups have demonstrated they
are searching for new clues into the approval process. We
expect to see these groups test the standards at other posts in
India. We have recently observed changes in the composition of
P3 groups, such as fewer dancers and more singers. A key
challenge in tracking high fraud groups is that group names and
petitioners can change easily for the same set of people
whenever their group has an increase in refusals under a
previous name or petitioner. Tracking local promoter names and
historical travel by some members with questionable groups
provides insight into the profile of a group during the
interview. The P3 visa category appears to be easier to exploit
than other visa categories for human trafficking and smuggling.
END COMMENT.
FOLMSBEE