VALIDATION STUDY OF BHUTANESE NIV APPLICANTS

UNCLAS SECTION 01 OF 02 NEW DELHI 000007

SENSITIVE

SIPDIS

CA/FPP FOR JILL NYSTROM, PLEASE PASS TO DHS

E.O. 12958: N/A
TAGS: KFRD CVIS CMGT ASEC IN BT
SUBJECT: VALIDATION STUDY OF BHUTANESE NIV APPLICANTS

REF: 08 NEW DELHI 3190

SUMMARY
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1. (SBU) In response to concerns raised by smuggling of Bhutanese
applicants (reftel),Embassy New Delhi has completed a three-part
validation study of Bhutanese non-immigrant visa (NIV) applicants.
The study reviews (1) Bhutanese students issued F, M or J visas
between FY 2006 and FY 2008, (2) all other NIV classes for FY 2007,
and (3) all other NIV classes for a portion of FY 2008. The
Embassy's validation study of Bhutanese students shows broad
compliance with the law and overstay rates less than one half of one
percent. However, validation of the other NIV applicant categories
reveals apparent non-compliance rates of over 16% and 9% in FY 2007
and FY 2008 respectively. It also highlighted the need to obtain
more accurate applicant contact information in all future
adjudications. End Summary.

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STUDENTS ARE STUDYING
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2. (SBU) Embassy New Delhi validated 100% of the 174 Bhutanese
students issued visas in FY 2006, FY 2007, and FY 2008: 174 in
total. Of these, SEVIS checks revealed only one applicant in
"deactivated" status whose departure from the United States could
not be confirmed via ADIS or other checks. Post's FPU called the
applicant using the contact information provided at interview and
additional numbers as provided by those at that address, but has
been unable to reach the applicant or his family members.
Nonetheless, these results speak well for Bhutanese student visa
recipients' appropriate use of their visas.

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FY 2007: MANY HAVE STAYED
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3. (SBU) Post validated 100% of all NIVs issued to Bhutanese
nationals in categories other than F, J, M and K1 for FY 2007; 334
in total. To do so, Post pulled all NIV issuance records from the
CCD for FY 2007 for ADIS analysis. Post then removed any applicant
records that showed a departure or extension/adjustment of status.
FPU made calls to each of the remaining 59 applicants, using the
contact information provided at time of interview.


4. (SBU) Of the group, 22 were confirmed to be overstays,
representing 6.5% of New Delhi's FY 2007 NIV Bhutanese issuances.
Calls attempted for 33 applicants revealed that the contact
information provided on the DS156 applications was incorrect, a
further 9.8% of issuances. Some listed the Embassy of Bhutan in New
Delhi as their contact information, others listed non-working
numbers, and others listed numbers answered by people who claimed
not to know the applicant.


5. Assuming those applicants who provided incorrect contact
information did so intentionally because they intended to stay/are
staying in the United States currently, that would represent an
overstay rate of 16% of all of Post's FY 2007 NIV Bhutanese
issuances. Also worthy of note, 14 (4%) of the 334 have filed to
adjust to LPR status and 20 (5.9%) have filed to adjust/extend their
NIV status. Thus, it appears over 20% of FY 2007 visa recipients
remain in the United States.

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FY 2008: MIXED RESULTS
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6. (SBU) Post also reviewed the 549 NIVs issued to Bhutanese
nationals in categories other than F, J, M and K1 from October
2007-August 2008. Removing all applicant records that showed a
departure or extension/adjustment of status or in which the
applicant was still in status (assuming a six-month stay),left 72
records for follow-up. FPU made calls to each of these remaining
applicants, using the contact information provided at time of
interview.


7. (SBU) Of this group, 25 recipients were confirmed to be
overstays, representing 4.5% of the total. Calls attempted for 27
applicants revealed that the contact information provided on the
DS156 applications was incorrect, a further 4.9% of issuances.
Assuming those applicants who provided incorrect contact information

NEW DELHI 00000007 002 OF 002


did so intentionally because they intended to stay/are staying in
the US currently, that would represent an overstay rate of 9% of all
this FY 2008 sample. One other applicant has filed to adjust to LPR
status, and five others have filed to adjust/extend their NIV
status.


8. (SBU) Of particular note, of 131 applicants (primarily
craftspeople) issued A2 visas to participate in the 2008 Smithsonian
Folklife Festival, only one was identified as an overstay.


9. (SBU) COMMENT: The relatively large numbers of Bhutanese
travelers who remain in the United States gives cause for greater
scrutiny of their NIV applications. In particular, post will
undertake to verify contact information before issuing visas to
these applicants. Post has discussed the use of the Bhutan
Embassy's contact details with the Bhutanese Deputy Chief of
Mission; he confirmed his Embassy has no official role in these visa
applications. END COMMENT.

Mulford