Visa Referral Validation Study Finds Low Overstay Rate

UNCLAS ULAANBAATAR 000377

SENSITIVE

SIPDIS

DEPT FOR CA/FPP
DEPT FOR KCC WILLIAMSBURG

E.O. 12958: N/A
TAGS: CVIS CMGT KFRD XE MG
SUBJECT: Visa Referral Validation Study Finds Low Overstay Rate

REF: 2007 ULAANBAATAR 0037


1. (SBU) SUMMARY: A validation study of post's Visa Referral Program
covering January 2007 through December 2008 showed no signs of fraud
or abuse in this program. The study identified an overstay rate of
one percent for referred applicants, well below the 16 percent
overstay rate estimated for all visa issuances as of postQs last
validation study in 2007 (see reftel). Furthermore, consular
management has thoroughly reviewed post's referral practices to
ensure that it strictly complies with CA regulations, and will
continue to closely monitor referral cases. END SUMMARY.


2. (SBU) The validation study was the first conducted by the Fraud
Prevention Unit (FPU) using a CA/FPP-facilitated batch query of
Department of Homeland Security (DHS) entry/exit records. To carry
out this study, FPU ran a Referral Report on CCD to generate a list
of all referred cases issued visas in Ulaanbaatar between January 1,
2007 and December 31, 2008. Since each referral was listed
individually, post had to generate an Excel spreadsheet for each,
then cut and paste that information into a single spreadsheet. This
review identified errors in how visa referrals were entered into the
NIV system which has since been fixed. Once the final list was
compiled, post ran the data through DHS's Arrival and Departure
Information System (ADIS).


3. (SBU) In all, 454 applicants referred by officers participating
in the program were issued non-immigrant visas (NIVs). Only 32
referrals were refused visas during this time based on 214(b),
yielding a seven percent refusal rate. Of the referral cases that
were issued visas, five people were shown to have overstayed and
remained in the United States illegally, yielding an overstay rate
of one percent.


4. (SBU) A review of the five cases of overstays did not indicate
any systematic abuse or fraud. However, it did suggest that the
officers at the time did not fully understand visa referral policy.
Case notes in a couple of the cases indicate that the visas would
not have been issued were it not for the B Referrals. The Consular
section has recently reiterated, both internally and to all
referring officers, that referrals do not in themselves enable
applicants to overcome ineligibility for a visa, and this will be
made a point of emphasis in future training and briefing programs.


5. (SBU) Over the past year, consular management has taken a number
of steps to tighten the referral program. Criteria for referrals
are now explicitly reviewed with all arriving American staff as part
of the check-in process and all officers must receive a briefing on
postQs referral policy and sign a document agreeing to comply with
the regulations before being approved as a valid referrer.
Additionally, the consular section chief reviews all referrals
before the applicant appears for their interview to ensure that the
referral meets CA guidelines. In cases where the referral appears
not to meet the guidelines contained in 9 FAM Appendix K or in the
referral policy, the consul calls the referring officer to discuss
and advises either to resubmit with additional justification or to
withdraw.


6. (SBU) On the whole, this study shows that post's Visa Referral
Program is highly effective in enabling the mission to advance U.S.
interests abroad by facilitating the adjudication of visa
applications for Mongolian nationals whose travel is deemed to be
clearly in the U.S. national interest.

Addleton