VZCZCXYZ0002
RR RUEHWEB

DE RUEHSN #0958/01 2801927
ZNR UUUUU ZZH (CCY ADC055FD MSI1067-695)
R 071927Z OCT 09
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC 1728
RUEHPNH/NVC PORTSMOUTH
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS SAN SALVADOR 000958 
 
SENSITIVE 
SIPDIS 
C O R R E C T E D COPY CAPTION 
DEPT FOR CA/FPP; DHS FOR CIS/FDNS; POSTS FOR FRAUD PREVENTION 
MANAGERS 
 
DEPT PLEASE PASS TO KCC WILLIAMSBURG KY 
 
E.O. 12958:  N/A 
TAGS: KFRD CVIS CPAS CMGT ASEC ES
SUBJECT: EL SALVADOR FRAUD SEMI-ANNUAL SUMMARY FY09 
 
REF: (A)09 STATE 057623; (B) 08 STATE 074840; (C) 09 STATE 097431 
 
 
(U) In response to reftel A, post is updating its Fraud Summary 
information for the six-month period from March 2009 to September 
2009 of FY 2009. 
 
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Country Conditions 
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a. (U) In March 2009, Mauricio Funes, the presidential candidate of 
the left-wing FMLN party, won a closely contested election against 
his conservative ARENA party rival, Rodrigo Avila.  Funes captured 
51.3% of the vote to Avila's 48.7%.  This marked the first peacetime 
democratic transition of power from ARENA, the ruling party since 
1989, to the FMLN, the party formed by former insurgents.  The 
election was peaceful and the results were swiftly accepted by both 
political parties as well as the general population.  The Funes 
Administration has maintained the cooperative and friendly 
relationship the U.S. Government has enjoyed with the GOES.  The 
political climate has calmed considerably since the tense run-up to 
the legislative, municipal and presidential elections earlier this 
year.  Post-election intra-party squabbles on the left and the right 
have not significantly affected the country's political climate. 
 
 
(U) The economic conditions in El Salvador continue to be a source 
of concern.  Between June 2008 and June 2009 the monthly cost of the 
basic basket for a family of 3.81 members in urban areas decreased 
by 1.8% from $171.05 to $167.90. Between June 2008 and June 2009 the 
monthly cost of the basic basket for a family of 3.81 members in 
rural areas also decreased by 4.4% from $108.82 to $103.99.  The 
minimum wage in urban areas covers the cost of the urban basic 
basket but the rural minimum wage does not cover the cost of the 
rural basket. The government raised the minimum wages twice last 
year.  The worldwide economic downturn has affected the economy of 
El Salvador.  Remittances from Salvadorans abroad declined by more 
than 10 percent in 2009 YTD. 
 
(U)  Post considers the level of fraud to be moderate. Fraud appears 
to be generally case-specific rather than systemic.  While many 
cases may not be well planned or executed, some do have a degree of 
complexity and documentation that are quite sophisticated. 
 
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NIV Fraud 
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b. (U) Throughout the last six months, the Fraud Prevention Unit 
(FPU) received thirty-five new NIV-related fraud investigation 
requests, and processed thirty-three of the cases.  Two cases are 
still pending.  Fifteen of the processed cases indicated fraud. 
Average processing time was 5.7 days.  The majority of cases were 
from people applying for B1/B2 visas, and many involved applicants 
who failed to disclose a prior arrest, either in the US (generally 
connected to an immigration violation), or in El Salvador, for a 
variety of violations. 
 
(U) During this past six-month period, FPU conducted two validation 
studies to compliment the six  already completed.  In these two 
studies, FPU selected a random sample of cases of nurses and other 
health service workers and general cases of B1/B2 visa applicants to 
get a better idea of the visa bearers' travel patterns.  The studies 
confirmed that we are on track with our adjudication methodology 
with low rates of overstay and predictable travel patterns based on 
interview notes. 
 
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IV Fraud 
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c. (U) During the reporting period, FPU received one hundred 
sixty-eight immigrant visa investigation requests.  FPU processed 
one hundred thirty-two of these cases, thirty-four indicated fraud, 
and ninety-eight had no fraud indicated.  The remaining cases are 
pending.  Average processing time for IV fraud cases was fourteen 
days.  The majority of cases referred were IR-1/K-1 and required a 
dual interview with the petitioner and the beneficiary to determine 
the authenticity of the relationship, or IR-2 step-parent petitions 
where it was unclear that the biological parent and the petitioner 
had a genuine relationship (and therefore unclear that the 
beneficiary maintained a true step-parent/step-child relationship). 
 
 
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DV Fraud 
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d. (U) El Salvador is not a Diversity Visa Lottery Program country. 
 
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ACS and U.S. Passport Fraud 
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e. (U) FPU received twelve cases and processed ten fraud 
investigation requests for ACS cases in the last six months.  Only 
one case indicated fraud. In the majority of the cases, FPU 
conducted field investigations to confirm the identity and 
citizenship claim of U.S. passport applicants who were born in the 
U.S. and came to El Salvador as infants. 
 
 
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Adoption Fraud 
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f. (U) FPU has not dealt with many cases of adoption fraud.  There 
are about 250 open adoption cases at Post and we issued only 3 
immigrant visas to orphans in the past six months.  The nature of 
Salvadoran adoption law is complex and the time required for 
foreigners to adopt Salvadoran children is long.  We have not seen 
any cases of this type of fraud in the past six months. 
Nevertheless, the Salvadoran Attorney General's Office informed the 
Embassy of the conviction of five individuals in connection with a 
trafficking/adoption fraud case.  Two Salvadoran children were taken 
to Guatemala for fraudulent adoption as Guatemalan nationals. 
 
- - - - - - - - - - 
Use of DNA Testing 
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g. (U) DNA testing was used in IV and ACS cases when the biological 
relationship is in question.  This is usually indicated by late 
registration of a birth certificate, but other factors include the 
age of the mother at birth, or the lack of presence of the father at 
the time of conception. 
 
(U) Post has changed its DNA testing procedures in response to 09 
STATE 097431. 
 
 
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Asylum and other DHS benefit fraud 
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h. (U) DHS's USCIS and Immigration and Customs Enforcement (ICE) 
have offices in El Salvador.  The Consular Section does not process 
Visa 92/93 cases. 
 
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Alien Smuggling, Trafficking, Organized Crime, Terrorist Travel 
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i. (U) Because of the historic migration patterns between El 
Salvador and the US, alien smuggling continues to be of concern to 
Post.  In cases uncovered by FPU, the typical case involves family 
members smuggling children to parents who are residing illegally in 
the U.S.  Occasionally, alien smuggling cases reported in the 
Salvadoran news media turn out to be actually cases of trafficking 
in persons. 
 
(U) FPU San Salvador continues to see a small but steady stream of 
cases involving third country nationals transiting El Salvador from 
places as varied as Bangladesh and China (PRC). With the change of 
government, Salvadoran Migration officials continue to be helpful in 
sharing information about fraud cases with the Embassy. 
 
(U) Post continues to find documented gang members ineligible under 
3(A)2 with the Department's concurrence.  The IV Unit has referred 
35 suspected gang membership cases to FPU in the six months covered 
by this cable.  Of those cases, 26 did not indicate gang membership, 
five were confirmed membership (of which three applicants were 
refused under 3(A)2,and two are pending review by the referring IV 
Officer).  Four cases are still pending investigation.  There are no 
Advisory Opinion requests for gang member ineligibilities currently 
pending with the Department. 
 
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DS Criminal Fraud Investigations 
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j. (U) Post's ARSO/I arrived in San Salvador in May 2009, and has an 
office in FPU.  The ARSO/I has already become an invaluable resource 
within the Consular Section and, clear and productive division of 
labor has been established allowing great depth and variety in 
investigations conducted by FPU. 
 
(U)  A representative example of our cooperation is the possible 
passport fraud case described in section (e). 
 
(U)  FPU also works with other agencies as appropriate.  An example 
of this cooperation is Post's Regional Department of Justice 
Attache's recent assistance in establishing an information sharing 
program between FPU and the Salvadoran Attorney General's Office. 
 
 
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Host Country Passport, Identity Documents, and Civil Registry 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - 
 
k. (U) El Salvador continues to use the D-series passport originally 
issued in 2007.  It includes a number of significant design changes 
and security upgrades to interior pages.  A sample was sent to 
CA/FPP. 
 
(U) The national identity card (the DUI) is required by law to be 
issued to all citizens over 18, and is also required to be updated 
when significant life events occur that will effect information on 
the card (marriage, change of job, moving to a new address). 
 
- - - - - - - - - - - - - - - - - - - - - - - 
Cooperation with Host Government Authorities 
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l. (U) FPU continues to work closely with officials of the 
Government of El Salvador.  However, since the change in government, 
the establishment of relationships with new host country official 
contacts, and the redefinition of relationships with some career 
officials often delayed or frustrated previously simple procedures 
of communication and cooperation.  FPU regularly answers requests 
from GOES agencies for information on whether Salvadorans hold U.S. 
visas, and will prudentially revoke the visa of anyone charged with 
a crime in El Salvador if the person is considered a flight risk. 
With the assistance of Post Management, FPU was able to renew, 
during this period, its internet subscription to allow access to 
GOES Migration Department migratory movement/passport data. 
 
(U) FPU has just entered into a new information sharing agreement 
with the Salvadoran Attorney General's office.  The purpose of the 
agreement is to allow FPU access to current lists of public 
officials under investigation for corruption or other criminal 
activity, and avert the use of U.S. documents for illicit activities 
or to escape Salvadoran law.  The Agreement was entered into with 
the assistance of Post's regional Department of Justice Attache. 
 
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Areas of Particular Concern 
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m. (SBU) Post remains concerned about marriage-related fraud in IV, 
and will continue to look closely at cases with fraud indicators. 
 
(SBU) The prevalence of gang violence and strong associations of 
these gang members with the US continues.  FPU San Salvador is 
especially concerned about detection of IV applicants who may be 
gang members, as tattoos are the best method for detecting them. 
Gang members are more aware of how risky this behavior is and are 
starting to eschew tattoos or put them in places where they cannot 
be detected. 
 
(SBU) El Salvador continues to be a transit point for drug 
trafficking to the US. 
 
(SBU) Due to El Salvador's proximity to the US, the number of fake 
documents and individuals being smuggled to the US continues to be a 
problem. 
 
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Staffing and Training 
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n. (U) Post's FPU is staffed with two FPU Assistants, an FSN Fraud 
Supervisor, and a Fraud Prevention Manager.  In addition, Post's 
ARSO/I position was recently filled and has become an excellent and 
vital FPU resource. 
 
(U) During this period, FPU developed a public outreach initiative 
to compliment Post's ongoing H1 visa fraud media campaign, reduce 
fraud, and better inform and protect the Salvadoran public.  This 
outreach initiative, as well as a review of the ongoing H1 visa 
fraud campaign conducted in local Salvadoran media, was the topic of 
San Salvador's FPM's presentation at the Regional FPM Conference in 
Miami. 
 
(U) FPU has developed an SOP for referrals from NIV to  help NIV 
officers more effectively refer cases, as well as to improve the 
tracking of cases for future use in validation studies. 
 
Blau