Scammers Take Advantage of Complex Immigration Laws to Steal Personal Information or Money from New Americans
Division of Consumer Protection and Office for New Americans Offer Tips to Help New Americans Recognize and Avoid Common Immigration Scams
The New York Department of State today issued a warning against immigration scams. Scammers often take advantage of the complex immigration legal system to prey on unsuspecting immigrants on their path to citizenship and steal personal information and/or money. These fraudulent acts are disproportionally targeted to immigrants, especially those with limited English proficiency. The Department’s Division of Consumer Protection and the Office for New Americans are offering tips to help immigrants recognize and avoid common immigration scams.
“It is unconscionable to exploit individuals who are working hard, playing by the rules and pursuing the promise of a better future,” said New York Secretary of State Walter T. Mosley. “These scammers are not only taking advantage of vulnerable communities but they also undermine the trust in the very systems meant to support them. I urge people to be vigilant, seek information from trusted and verified sources and report suspicious activity.”
COMMON IMMIGRATION SCAMS:
Impersonators of Immigration Officials and Agents: In the United States, immigration laws are enforced and administered by several federal agencies. The different agencies can be confusing and cause people to be more susceptible to fraud and scams. The Department of Homeland Security’s Immigration Customs Enforcement (ICE) and Customs Border Protection (CBP) enforce the nation’s immigration laws. United States Citizenship and Immigration Services (USCIS) adjudicates applications for immigration status and benefits, and the Executive Office for Immigration Review’s immigration judges (EOIR) conducts hearings to determine whether someone can remain the U.S. or will be deported. Be on the lookout for individuals who may be posing as these officials or agents to scam people. Here are ways to identify legitimate officials, agents, and to avoid scammers:
USCIS and EOIR will only contact you through official government channels, such as postal mail. If you have created an online account with USCIS and the EOIR, those agencies might communicate with you through those accounts or by postal mail, depending on the matter.
USCIS might call you back from a landline phone if you requested a call back from the USCIS Contact Center.
In some rare instances USCIS and EOIR will contact you through email but verify that the email address ends with .gov to ensure it is coming from the government. USCIS and EOIR will not communicate with immigrants regarding their immigration case through text messages or by finding you through your personal social media accounts. Scammers may also try to trick you by creating fake websites with copied graphical elements from legitimate websites. USCIS often now will only conduct interviews of applicants in person to determine if they meet the requirements for an immigration benefit or status by scheduling them for an interview at one of their offices. In some instances, EOIR immigration judges might conduct hearings virtually or require the parties to appear in person. If a judge allows for a virtual hearing, it will use a video conferencing app called Webex from Cisco. EOIR immigration court will not use Zoom, WhatsApp, Facebook Messenger, or any other videoconferencing apps to conduct a hearing. USCIS officials and EOIR immigration judges do not ask for payments for application fees in the form of cash, Zelle, Venmo, Apple Pay or cryptocurrencies and should not ask for money in exchange for special favors. For more information on how to identify a fake website, please read the April 2023 press release from the NYS Office of the Attorney General.
Extortion by People Impersonating Federal Agents: Individuals may attempt to impersonate federal agents, such as officers and Customs and Border Protection (CBP). These individuals attempt to enter homes and work sites and demand you provide money or face deportation. The impersonators may also call you by phone or communicate with you by text and offer protection from deportation in exchange for electronic payment of money or cryptocurrencies. Impersonation of law enforcement officers and extortion are illegal. It’s important for citizens and non-citizens to know when they should respond to a request from law enforcement and when they have the right to exercise their Fourth Amendment rights. Even if real law enforcement agents come to a home or work site, and knock on the door asking for someone, you do not have to open the door and you have the right to ask for them to show you a judicial warrant. People may also ask for ICE and CBP agents to show their identification. For more information about your rights, please visit the Officer for New American’s website: https://dos.ny.gov/know-your-
Fake Law Firms and Impersonators of Non-Profit Legal Services Promoted in Social Media: The Federal Trade Commission issued a December 2024 consumer alert warning consumers that scammers are impersonating attorneys and law firms, and promoting fake services on social media. These scammers may claim to be attorneys and use the logo of law firms or non-profit legal service organizations. The impersonators may offer to assist with paperwork and secure an appointment with USCIS. The people impersonating lawyers may work with others who impersonate USCIS officials and EOIR immigration judges to stage a fake interview or hearing. Victims who paid the scammers reported that they had virtual appointments on Zoom or WhatsApp with a “USCIS officer” in uniform, which was part of the scam. Please be aware that while some EOIR immigration court proceedings are now virtual, applicants will get their appointments by mail, through their EOIR account, or by visiting the EOIR’s website to obtain case information. Appointments are never made through messenger apps.
One way to see if you have been scheduled for an immigration court hearing is by visiting the EOIR’s website to receive basic information about the status of a case: https://acis.eoir.justice.gov/
How to verify whether someone is a licensed attorney: Ask for their name and the state in which they are admitted to practice law. Each state has a publicly accessible government website that contains attorney registration information, Including a list of attorneys who are not allowed to practice law because they have been disbarred. For information on New York State attorneys, you may visit: https://iapps.courts.state.ny.
Phishing Scams: Phishing is a form of scam that impersonates a reputable organization or person with the intent to steal personal information, account information or money. Phishing comes through many different forms of media, including emails, text messages, phone calls, social media, websites and messaging apps. Be wary of anyone who contacts you out of the blue and demands money or your personal information. Government agencies and legitimate service providers do not:
- Initiate contact out of the blue via email or text claiming there are visa or immigration issues.
- Request personal or financial information through email or social media (What’s App, Facebook, etc.).
- Ask for credit card numbers over the phone.
- Demand money to dismiss an investigation.
- Receive payment via pre-paid gift cards, Western Union or money transfer apps.
Immigration Service Provider Fraud: Only licensed attorneys and the Department of Justice’s Accredited Representatives are permitted to provide legal advice and represent people on immigration matters. Be aware that businesses, such as travel agencies, or businesses providing translation services that offer to help someone fill out application for immigration benefits or status for a fee, are not allowed to provide legal advice. In New York, individuals and businesses may help someone translate documents, read a document to someone, or help someone fill out a document for a fee. They may not provide advice on what someone should do or how people should answer questions on an application. These businesses must post signs that they are not attorneys and cannot provide legal advice. They may not request payment or fees for blank immigration forms. Immigration applications are accessible on the USCIS website and can be downloaded free of charge. Always ask for a written agreement that describes the services being provided and only go to providers with physical locations.
Notary Public Fraud: In many countries a Notary Public is an attorney. In the United States, Notary Publics are not required to be lawyers. Notary Publics who are not licensed to practice law are authorized only to witness the signature of forms and cannot represent you before U.S. Citizenship and Immigrations Services (USCIS) or in immigration court and cannot give you legal advice. If a Notary Public offers to represent you in an immigration proceeding, it may be a scam. Verify that anyone who offers to represent you in a proceeding is a lawyer by looking them up through the New York State Unified Court System’s website at: https://iapps.courts.state.ny.
Diversity Lottery “Visa Lottery” Scams: Scammers may try to trick you by charging money to apply to the “Visa Lottery” program. They may also promise special access or suggest that they can increase your chance of winning the lottery. The U.S. Department of State manages the Diversity Visa Immigrant Program. It’s FREE to enter and winners are picked at random to win the chance to apply to become lawful permanent residents. No one can influence the results. You can only enter once a year at https://dvprogram.state.gov/ if you’re from an eligible country and meet the educational or work requirements. Please visit the U.S. Department of State website to learn more about this program.
Fake Job and Training Opportunities:
- If you’re looking for a job, be wary of scammers promoting fake job opportunities. Don’t pay for the promise of a job. Scammers charge up-front placement fees or impose other charges or fees as a condition of your employment. For more tips on how to spot a fake employment scam, please read the January 2024 consumer alert from the NYS Division of Consumer Protection.
- If you’re considering a training program, avoid businesses that offer training programs that are not licensed by New York State. Be wary of programs that guarantee employment, promise a degree in a very short time, provide limited information, or use high-pressure sales tactics. To learn how to identify a legitimate career school, visit the NYS Education Department website.
ADDITIONAL RESOURCES:
The New York Office for New Americans (ONA) is available to aid New Yorkers through the following programs:
For any immigrant in need of assistance, regardless of immigration status, to connect with ONA’s programs or to be put in touch with a trusted partner in your community, call the New Americans Hotline at 1-800-566-7636 8am- 8pm, Monday through Friday, and on Saturday and Sunday, 9am to 5pm, excluding federal holidays. All calls to the hotline are anonymous.
Callers can also contact the New Americans Hotline to report specific cases of immigration fraud, and the New Americans Hotline will make appropriate referrals to the NYS Attorney General or local District Attorney’s office.
About the Office for New Americans
The New York State Office for New Americans, founded in 2012, is the nation’s first statutorily created immigrant services office.?ONA assists all new Americans with accessing and navigating a variety of free services and support through its statewide network of community-based providers. Since its inception, ONA has served over 750,000 new Americans.
For more information, visit?https://dos.ny.gov/
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