US embassy cable - 05LIMA2616

UNCLAS SECTION 01 OF 02 LIMA 002616 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR CA/VO/L, CA/FPP, CA/EX, WHA/AND 
 
MEXICO FOR DHS 
DHS FOR CAO 
 
E.O.E.O. 12958: N/A 
TAGS: KFRD, CVIS, PGOV, PE 
SUBJECT:  Peruvian Congressman involved in visa fraud 
 
Summary 
------- 
1. (SBU) According to a recent investigative report in the 
newspaper "Correo" dated March 17, 2005, Peruvian 
Congressman Roger SANTA MARIA Del Aguila, DPOB: September 
26, 1950, Peru, appears to have been involved in 
visa/passport fraud by fraudulently filing a birth 
registration for a child who is actually his step grandson. 
He obtained a diplomatic passport and non-immigrant visa for 
the child.  The Peruvian Congressional Ethics Commission has 
reviewed the case but will not investigate further as the 
Congressman admitted he erred and subsequently corrected his 
step-grandson's documentation at Congress.  On May 4, 2005 
Post received a request for information from a Criminal 
Investigative Unit (DIRINCRI) prosecutor, regarding the 
child's visa.  The biological parents have initiated 
judicial proceedings against the Congressman. 
 
Background 
---------- 
2. (SBU) Congressman Santa Maria applied for and received a 
Peruvian diplomatic passport (number 0004696) for a child 
identified as John Andres Santa Maria Vargas DPOB: May 1, 
1996, Peru.  He submitted a birth registration from the 
district municipality of Padre Marquez showing the 
Congressman and his now ex-wife, Judith Vargas Gomez, as the 
biological parents.  NIV records show that the child was 
issued a non-immigrant visa on February 18, 2002 based on a 
Peruvian Protocol Note received from the Foreign Ministry 
(YY/000185-02).  The Congressman's ex-wife was also issued a 
non-immigrant visa the same day. 
 
3. (U) Post confirmed that the child's true biological 
parents are John WAGNER Salmon and Judith Rocio MENDOZA 
Vargas, daughter of the Congressman's ex-wife.  The couple 
registered the child in 1996 at the municipality of Jesus 
Maria, submitting a hospital record of birth for the 
registration.  Post's Fraud Prevention Unit (FPU) confirmed 
the authenticity of this record. The minor is in fact the 
Congressman's step grandson. 
 
4. (SBU) The biological father, John Bernabe WAGNER Salmon, 
DOB June 11, 1968, was issued a non-immigrant visa on 
January 12, 1999, expiration January 11, 2009.  According to 
his Peruvian Immigration record of entries and exits, he 
resided in the U.S. from January 1999 to July 2001.  DHS 
Lima confirmed that he did not apply for adjustment of 
status during that time.  The biological mother, Judith 
Rocio MENDOZA Vargas, applied for a non-immigrant visa at 
post on two different occasions and was denied under section 
214(b) of the INA.  Her last application was shortly after 
the child's visa was issued and she appeared accompanied by 
another child, Annie Mia WAGNER Mendoza born March 4, 1999. 
She told the Consular Officer at that time that her husband 
was chief of security for the Congressman. 
 
5. (SBU) According to Peruvian Immigration arrival and 
departure records, the Congressman's ex-wife, Judith Vargas 
de Santa Maria, and their daughter, Sofia Santa Maria Vargas 
have been residing in the U.S. since September 23, 2004. 
According to Peruvian Immigration departure and arrival 
records, the child, John WAGNER (AKA John SANTA MARIA), did 
not travel to the United States.  Instead, he remained in 
Peru with his biological mother.  Post believes the 
Congressman and his ex-wife were knowingly aiding and 
abetting the child's entry to the U.S. 
 
Bio Note 
-------- 
6. (SBU) Congressman Santa Maria is a representative from 
Ucayali for the local political party Alianza Popular 
Revolucionaria Americana (APRA).  A primary school teacher 
by profession, he is a member of the following congressional 
commissions: President of Amazonia and Indigenous Matters; 
Secretary of Education, Science and Culture; and Consumer 
 
SIPDIS 
Defense Commission. He is also the Ucayali Regional Director 
of National Penal Institute (INPE) and Vice President Banco 
Materiales Pucallpa.  He has shown considerable interest in 
the plight of coca growers and at times spoken in support of 
cocaleros. 
 
Actions taken at Post 
--------------------- 
7. (SBU) Post has (1) revoked the child's visa under section 
214(b) since the visa was issued under false pretenses; (2) 
revoked John Bernabe WAGNER Salmon's B1/B2 visa under 
section 214(b) due to his apparent unlawful presence in the 
U.S.; (3) entered a quasi 212(6)(E) hit in CLASS for 
Congressman Roger Santa Maria Del Aguila, DPOB: September 
26, 1950, Peru.  The Congressman and his ex-wife knowingly 
were aiding and abetting the child's entry to the U.S. when 
they obtained a false birth certificate for their grandson 
and used that to obtain a protocol note in support of his 
non-immigrant visa application.  Post has notified all 
parties that their visas are no longer valid and requested 
that they come in for an interview in the Non-Immigrant visa 
section.  Post will be submitting a separate request for 
action to the Department to revoke Mrs. Santa Maria's visa 
under section 212(a)(6)(E), as she is currently residing in 
the U.S. 
 
Struble