Scammers Are Using Fake Lawyers and Court Dates to Steal Immigrants' Money. Here's What to Look Out For

For some immigrants looking for a better life in the US, the American dream has been something out of a nightmare lately. 

The Trump administration is determined to deport undocumented people, whether they have a criminal record or not, with the administration suggesting that they will try to deport 1 million immigrants a year.

Understandably, you may be unnerved right now, even if you’re an immigrant in the country legally. Scammers know that. In fact, they’re counting on it — and have concocted cons designed to take advantage of immigrants’ anxiety and desperation to remain in the country.

“The scam landscape is getting nastier and more specific by the week,” said Shane Lucado, an attorney and founder of InPerSuit.com, a website that helps people find lawyers. “The worst abuse I see today involves immigrants, from new arrivals, language learners or first-timers dealing with U.S. systems.”

What immigration scams are popular right now

Many scammers are ditching the strategy of posing as Immigration and Customs Enforcement agents, Lucado said. These scams still exist, but criminals will now also pretend to lend you a helping hand with your case. 

“Now they act like they are on your side,” he said. “They say they work with USCIS (US Citizen and Immigration Services). They spoof agency phone numbers. They use exact government letterhead. And then they say your paperwork has a mistake.” 

There is really no shortage of immigration scams that have been reported across the country. Spoiler alert: They all ask you to pay up, or else. Common immigration scams can include:

• Fake government officials claiming to be a part of ICE have contacted immigrants in California and told them that they are at risk of being deported but can avoid it if they pay a fine.
• Undocumented immigrants in Colorado have been approached on social media and WhatsApp by “immigration agents.” They set up a staged Zoom appointment with USCIS agents offering asylum if victims make a wire transfer using Zelle or Western Union.
• In New York City, an asylum seeker was advised by a fake attorney to stay away from his in-person court hearing (the argument being that he might be deported) and instead attend an online hearing. The man paid his fake attorney money in installments, shelling out close to $5,000 before learning he was being scammed. Meanwhile, he missed his real court hearing and was ordered to be deported.
• A visa-related scam that has been making the rounds nationwide is Middle Eastern students lawfully living in the US being targeted by scammers. They try to convince the victims that there’s something wrong with their paperwork, and they could be sent home unless they pay up. 

How to avoid immigration scams

Swindlers are craftier than ever at devising scams. Luckily, there are some red flags you can look for. 

Too good to be true deals

If you’ve been stressing over your legal status for some time, and suddenly, out of nowhere, you’re working with a company that makes it sound like all of your troubles are going to soon vanish, you should be skeptical, according to Marina Shepelsky, a New York City-based attorney who specializes in immigration, visas, divorce and family law. 

Listen closely for the phrase, “expedited processes.” This should set off alarm bells in your head. Similarly, anyone who identifies themselves as a consultant, notary or solo paralegal is probably up to no good.

You’ve been approached over the phone, email or social media

It’s not that you couldn’t be working with a reputable person on the phone or through email.  In many situations, you could. But it matters whether you initiated the conversation or if the so-called immigration expert or lawyer came to you.

“USCIS or ICE will not give you a warning call,” Shepelsky said. “They will send you a letter and just show up at your door, speaking from our experience.”

Stay far away from “phishing, where someone will text or email asking for personal information or payment under the disguise of an official communication,” she added.

You feel pressure to make a payment

This is a classic red flag. But it’s a tactic that works well for scammers since many undocumented immigrants already feel pressured to act in the current political climate. Oftentimes, scammers know a lot of your personal information, sometimes even your case number. 

“So when they speak with authority, your brain skips logic and goes into fix-it mode. This is emotional hijacking,” Lulado said. “They target those between processes, which are people applying for asylum, waiting on work permits or stuck in visa renewal loops.” 

The payment method requested is odd

Scammers don’t like paper trails that might lead back to them, so they tend to use payment methods that make it hard for law enforcement to find them later. 

No matter how pressured you feel, refrain from paying anyone with gift cards or payment apps like Zelle. No reputable government or legal official is going to ask you to make a payment in this way. And if someone is threatening to deport you, they won’t ask for money at all. You’ll just be detained.

Research the attorney you hire

Immigrants navigating the judicial system should always work with a credentialed and licensed immigration lawyer. Shepelsky says that most states have a searchable online directory of licensed attorneys, as well as barred ones. 

The Department of Justice also has an online list of immigration attorneys who have been disbarred. They could still be scammers even if they’re not on the list, but it’s another way to check a lawyer’s credentials. 

Always search a lawyer’s first and last name in the directory of the state they practice law in. You could also try the American Bar Association, which will link you to a directory of lawyers that are licensed in your state.

What to do If you fall for an immigration scam

In the aftermath of falling for any scam, you may feel too embarrassed to call attention to yourself and avoid doing anything. But don’t do nothing.

“If someone becomes a victim after paying $800 for a fake visa, they should gather all receipts, screenshots and conversations,” Lucado said. “Send everything to the [state] attorney general’s office and the state bar. That filing usually triggers an inquiry within 30 days.”

If that unnerves you given the current political climate, or you feel you need more help, Lucado says that there are free and low-cost legal clinics that may be able to assist you.

Additionally, you can report the immigration scam to your state’s consumer protection office, according to USCIS. Reporting scams will not affect your application. Some states also allow anonymous complaints. You may not get your money back, but by fighting back, you make it harder for scammers to trick their next victim.