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Viewing cable 09CONAKRY335, FRAUD SUMMARY FOR CONAKRY GUINEA

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Reference ID Created Released Classification Origin
09CONAKRY335 2009-06-15 08:24 2011-08-26 00:00 UNCLASSIFIED Embassy Conakry
R 150824Z JUN 09
FM AMEMBASSY CONAKRY
TO SECSTATE WASHDC 3740
UNCLAS CONAKRY 000335 
 
 
DEPT PASS TO, NVC PORTSMITH NH 
DEPT PASS TO, KCC WILLIAMSBURG KY 
DEPT FOR CA/FPP 
 
E.O. 12958:  N/A 
TAGS: KFRD CVIS CPAS CMGT ASEC GV
SUBJECT:  FRAUD SUMMARY FOR CONAKRY GUINEA 
 
1.  Following is Post's fraud summary for the period September 
2008 through March 2009; responses are keyed to Reftel. 
 
------------------ 
COUNTRY CONDITIONS 
------------------ 
 
2.  In December 2008, the long-time President of Guinea died 
and within hours a Captain in the military proclaimed himself 
the new president.  The resulting military junta, the National 
Council for Democracy and Development (CNDD), is now the de 
facto Guinean Government.  The CNDD president has made several 
speeches railing against corruption in government, but Post 
has not seen any changes that would indicate newly appointed 
ministers and other officials of the new government are any 
less corrupt than the previous group, although their access to 
funds has been severely restricted by the CNDD.  The 
international community in general, especially the donor 
countries, are limiting interactions with the new government. 
Meanwhile, the overall political uncertainty and the lack of 
rule of law is discouraging would-be investors.  Guinea 
remains a high fraud environment. 
 
--------- 
NIV FRAUD 
--------- 
 
3.  Nonimmigrant visa fraud has remained essentially 
unchanged.  Problem areas include: 
 
--  Fraudulent documents, both governmental and non- 
governmental.  Most of the fraudulent documents seen by Post 
are produced by the proper authority, whether a government 
office, school, or bank, albeit to order, that is, containing 
the information requested by the person paying for the 
document. 
 
--  Post is experiencing a resurgence in the number of 
problematic petitions for P visas.  DHS routinely approves 
petitions for P-1 or P-3 visas for numerous beneficiaries 
solely on the petitioner's say-so about who is qualified for 
the respective status.  Post in turn finds that almost none of 
the listed beneficiaries are qualified.  Being included on a P 
visa petition has become a popular route to obtaining entrance 
into the U.S. for unqualified applicants, or for obtaining the 
visa and then selling it to someone who will use it as a 
member of the group to enter the U.S. for other purposes. 
Post has discovered two cases of the latter. 
 
--  Local music/dance has become a big business, not only as a 
venue for obtaining P visas for unqualified applicants, but 
also as a means of drawing in American citizens, some few of 
whom have made several visits to Guinea over a period of 
years.  Whether an American citizen makes one visit or 
several, the end product is usually the same:  one or more of 
the progenitors of the group hosting the American(s) either 
ends up on a P visa petition filed by the citizen, or married 
to or engaged to be married to the citizen. 
 
Additional non-immigrant visa (NIV) fraud involves concealment 
of prior violations, such as selling products produced in 
Guinea while in the U.S. on a tourist visa, travel for 
undisclosed medical treatment for which the traveler cannot 
pay, or, alternatively, malafide intent. 
 
-------- 
IV FRAUD 
-------- 
 
4.  Immigrant visas for Guineans are processed by AmEmbassy 
Dakar.  Post is asked by AmEmbassy Dakar, and other regional 
Posts, to verify documents pertaining to immigrant visa cases, 
half of which are found to have been counterfeited. 
 
-------- 
DV FRAUD 
-------- 
 
5.  Diversity visas for Guineans are processed by AmEmbassy 
Dakar. 
 
 
--------------------------- 
ACS AND U.S. PASSPORT FRAUD 
--------------------------- 
 
6.  ACS AND U.S. PASSPORT FRAUD.  The biggest ACS challenge 
faced by Post is the renewal of passports originally issued to 
infants born in the U.S. to nonimmigrant Guineans.  Apart from 
the usual challenge of connecting a grown child to the photo 
of an infant in the original passport, a widespread absence of 
parents available for interview exacerbates the problem.  Post 
has encountered dozens of cases of supposed relatives standing 
in for both parents.  Even if the parents have sent 
authorization for the relative to act in their names, 
identification documents are often of questionable value.  On 
several occasions, when Post asked for verifiable 
documentation of a parent's identity, specifically a U.S. 
passport or other USG issued document, the supposed parents 
reported residing and working in the U.S. without legal 
status. 
 
Post has encountered several dozen cases of parents of 
American-born children who are or were living illegally in the 
U.S. for long periods. 
 
-------------- 
ADOPTION FRAUD 
-------------- 
 
7.  International adoptions from Guinea are rare; there have 
been only two cases in the reported period, neither with any 
indication of fraud. 
 
------------------ 
USE OF DNA TESTING 
------------------ 
 
8.  Post uses DNA testing extensively in the processing of 
Visas 92 and 93 follow-to-join cases.  The incidence of 
unrelated children on whose behalf petitions are filed is 30 
percent on average.  In addition, DNA has been suggested for 
several passport renewal cases where the expired passport is 
so old that a positive identification of the individual at the 
window cannot be ascertained. 
 
---------------------------------- 
ASYLUM AND OTHER DHS BENEFIT FRAUD 
---------------------------------- 
 
9.  In general, virtually all asylum claims by Guineans were 
without merit, though accepted by DHS or an immigration judge. 
In most cases, the claim of asylum came about as part of a 
planned strategy of economic migration.  Following acceptance 
of their asylum claim, the asylee files petitions for as many 
supposed family members as possible.  Post processes 
approximately 40 to 60 Visas 92/93 follow-to-join cases per 
month.  Of these, at least 30 percent of the children claimed 
do not pass DNA testing as biological offspring.  Another 10 
percent of the children claimed are nieces or nephews 
supposedly adopted, albeit from living parents.  Approximately 
20 percent of the total Visas 92/93 workload is comprised of 
spouse follow-to-join cases where there are no children 
involved.  One hundred percent of these appear to be marriages 
for immigration purposes - for example, marriages filed only 
days before one party to the marriage left for the U.S. 
Regrettably, Post has had difficulty coming up with evidence 
to prove fraud. 
 
In addition to processing Visas 92/93, Post processes numerous 
cases of lost or stolen "green cards" or other LPR or refugee 
travel documentation.  These seem to come in spates, with as 
many as a dozen in a week, then none for several weeks.  All 
of the aliens processed for lost documents to date have 
checked out as legitimate, but what became of the original 
documents remains a mystery. 
 
--------------------------------------------- ----------- 
ALIEN SMUGGLING, TRAFFICKING, ORGANIZED CRIME, TERRORIST 
TRAVEL 
--------------------------------------------- ----------- 
 
10.  Guinea is a major transit point for narcotics being 
transported, primarily, to Europe.  Most of the major players 
in the drug trade were, until recently, members of the 
government, or persons otherwise close to the government, or 
persons protected by the government.  Since there were no 
arrests on record of such persons, it was virtually impossible 
to withhold issuing a visa if such was requested for "official 
travel."  The new president has made a show of attempting to 
stop drug trafficking through Guinea, but the effort is 
conducted without respect for human rights or rule of law, and 
has not yet touched military elements. 
 
There are reports of alien smuggling/trafficking in persons 
across Guinea's land borders as well as trafficking aboard 
seagoing vessels departing from Guinean ports.  Most sources 
indicate that hundreds of people, primarily women and 
children, are trafficked annually within and through Guinea. 
However, alien smuggling encountered by the Consular Section 
has been of the familial variety, specifically, one family 
member assisting another to obtain a visa for which the latter 
was not qualified. 
 
On several occasions, Post has encountered cases of one adult 
applying for non-immigrant visas with numerous minor children; 
on one occasion there were 14 children, all, ostensibly, 
vacationing in the same small apartment in NYC.  This family 
was connected with a minister in the previous government, and 
was obviously trying to Qget out of DodgeQ before President 
Conte died and his regime fell. 
 
Equally troubling are reports of American citizen children of 
Guinean parents being shuttled back and forth between the U.S. 
and Guinea by persons other than their parents.  There is 
nothing that Post can do to monitor such travel, but Post has 
tightened its requirements for documenting parental identity 
and consent for issuance of a minor passport. 
 
-------------------------------- 
DS CRIMINAL FRAUD INVESTIGATIONS 
-------------------------------- 
 
11.  There were no criminal investigations in the current 
reporting cycle. 
 
--------------------------------------------- ---------------- 
HOST COUNTRY PASSPORT, IDENTITY DOCUMENTS, AND CIVIL REGISTRY 
--------------------------------------------- ---------------- 
 
12.  What procedures the Government of Guinea may have in 
place to issue trustworthy passports and identity documents is 
not known; however, in general, all such procedures can be 
easily by-passed with a surprisingly small payment to the 
issuing official.  As a result, no identity document issued by 
the government, though issued by the legitimate issuing 
authority, can be trusted.  Counterfeit birth, death, and 
marriage certificates are also is abundance, but these can 
sometimes be checked against registers kept by the issuing 
agencies in most locations.  Post has approached the 
government on several occasions urging tighter controls, so 
far without results. 
 
----------------------------------------- 
COOPERATION WITH HOST COUNTRY AUTHORITIES 
----------------------------------------- 
 
13.  Cooperation between USG agencies and Guinean authorities 
is generally cordial.  Nevertheless, Post's disinclination to 
yield without question to blatant visa abuse has raised 
tensions.  In addition, the U.S. governmentQs refusal to 
recognize the new military government, along with the cutoff 
in non-humanitarian aid, has made cooperation from the new 
government sporadic. 
 
--------------------------- 
AREAS OF PARTICULAR CONCERN 
--------------------------- 
 
14.  A large and, apparently, growing number of American-born 
minor children are residing in Guinea without one or both of 
their parents.  Such children are subject to local living and 
medical conditions, which are always below U.S. standards. 
One four year old American citizen child residing with an 
uncle here died in March 2008 from a sudden onset of illness, 
probably malaria.  In April 2008, the local living conditions 
of a six year old American citizen child became a factor in a 
child custody struggle between the parents which is currently 
playing out in the U.S.  Another aspect of this general 
situation is that neither parent is available to sign passport 
renewal applications. 
 
In addition to opening the door to passport fraud, Post has 
found it difficult in several cases to definitively identify 
the parents of such children, opening the door to possible 
trafficking, or, if not outright trafficking, possibly a form 
of child abuse or neglect. 
 
Another concern is the tendency on the part of some parents 
residing in the U.S. to send unwanted American-born children 
to live with family members in Guinea, including, on two 
occasions encountered by Post, a non-American former spouse. 
In one case encountered by Post, when the "unwanted" child 
reached the age of 18, he asked for a repatriation loan; what 
has become of him is not known. The other case, which has yet 
to be resolved, involves a minor child with on-going health 
problems not treatable in Guinea. 
 
Post has encountered three cases of a Guinean wife/mother, 
long-time resident in the U.S., albeit without legal status, 
returning to Guinea and 
being abandoned, and stranded, by their spouse.  Two of the 
cases involve women sent by the husbands for "vacations," in 
one case the wife was deported.  In all three cases, the 
husband gained legal status in the U.S. through marriage to an 
American citizen -- no doubt for immigration purposes -- but, 
having gained status, did not process the paperwork to 
legalize his "real" wife. 
 
A situation corollary to the errant spouse marrying for 
immigration benefit is the spouse who finds an actual partner 
in the U.S., while the former Guinean partner is deported from 
the U.S., or for other reasons returns to Guinea.  In several 
cases encountered by Post, the American-born children are 
abandoned to a life in Guinea by the parent who remarried in 
the U.S.   One teen-age American-born girl who insisted that 
her Guinean father allow her to live with her mother in the 
U.S. was sent to the U.S. by her father and was subsequently 
kicked out of the mother's house and is currently in jail for 
shoplifting.  Her brother, who likewise insisted the father 
send him to live with his mother, was also kicked out of the 
mother's house and is now a ward of the state of New York. 
 
--------------------- 
STAFFING AND TRAINING 
--------------------- 
 
15.  In 2007, two of Post's long-time Consular LES staff were 
terminated for malfeasance; two others left their employment 
with the Embassy voluntarily, before the investigation could 
reach them.  Post was left with one relatively new hire; two 
others were subsequently hired and have been on staff for a 
year and a half, and one LES staff member was added recently. 
LES staff have been taking qualifying courses on-line, and 
Post intends to send each of its LES consular staff to 
regional Posts for consultations in place of classroom 
training, as time permits. 
 
 
RASPOLIC