VZCZCXYZ0004
RR RUEHWEB

DE RUEHUM #0377 3640026
ZNR UUUUU ZZH
R 300026Z DEC 09
FM AMEMBASSY ULAANBAATAR
TO RUEHC/SECSTATE WASHDC 3186
INFO RUEHUL/AMEMBASSY SEOUL 3877

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