VZCZCXRO8564
RR RUEHBI RUEHCI RUEHNEH
DE RUEHCG #0013/01 0160512
ZNR UUUUU ZZH
R 160512Z JAN 09
FM AMCONSUL CHENNAI
TO RUEHC/SECSTATE WASHDC 2043
INFO RUEHNE/AMEMBASSY NEW DELHI 3458
RUEHCI/AMCONSUL KOLKATA 1045
RUEHBI/AMCONSUL MUMBAI 5321
RUEHNEH/AMCONSUL HYDERABAD
RUEHPNH/NVC PORTSMOUTH

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 
----------- 
 
¶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 
----------- 
 
¶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 
 
CHENNAI 00000013  002 OF 003 
 
 
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 
----------- 
 
¶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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CHENNAI 00000013  003 OF 003 
 
 
 
¶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