VALIDATION STUDY OF NEW DELHI'S OVER 55 APPLICANTS

UNCLAS NEW DELHI 002348

SIPDIS


CA/FPP FOR JILL NYSTROM, PLEASE PASS TO DHS

E.O. 12958: N/A
TAGS: KFRD CVIS CMGT ASEC IN
SUBJECT: VALIDATION STUDY OF NEW DELHI'S OVER 55 APPLICANTS


1. SUMMARY: Fraud Prevention personnel undertook a validation of
B1/B2 visas issued to those over the age of 55 in a select
timeframe. Conventional wisdom at post is that those older
applicants with children well-established in the U.S. respect the
law and do not attempt to overstay, particularly if they have legal
avenues to immigration. The study showed an overstay rate of
approximately 1%, validating current adjudicators' views of these
cases. END SUMMARY.


2. A random selection of 800 B1/B2 candidates over the age of 55
was reviewed for entry/exit data from DHS. Analysis of the data
found 11 applicants who appear to have exceeded the legal duration
of stay granted them. A further three applicants adjusted their
status while visiting the U.S. These results (only 1.3% of
applicants apparently out-of-status) strongly support current
adjudication practices at post.


3. COMMENT: General impressions among adjudicators are that those
who have well-established children in the U.S., in particular those
with "software engineer" sons or sons-in-law currently or initially
on H or L visas, are strong visa candidates. The assumption is that
such applicants have no financial need to seek illegal immigration.
Culturally, they come from mid- to upper-class backgrounds and would
not attempt to live "underground" in the U.S., given strong social
networks in India.


4. Recent media reports on those older Indians who immigrate to the
U.S. support post's anecdotal impressions. Those who have spent
their entire lives in a close family-oriented community, with all
that is familiar nearby, often find the U.S. distant and "cold."
With children too busy at work, cars needed to travel to any
business or recreational facility, and other family members still in
India, older immigrants are often at a loss in their daily lives and
miss the comforts of home. They would much prefer annual six-month
visits to spending all year away from the familiar. A significant
stream of those returning their LPR cards in lieu of 10-year B1/B2
visas is the result. Others, aware of the differences inherent in
life in the U.S. won't pursue the immigration path and will utilize
their non-immigrant visas lawfully.


5. Mission India recently uncovered a small-scale, nationwide fraud
ring that passed the personal details of legitimate H1B holders to
elderly Indians, who would then use them in visa interviews to
establish bona fides as visiting parents, but at this point this
type of fraud appears to be an anomaly to be watched, rather than
the wave of the future. END COMMENT.

ROEMER