Common Immigration Scams: What to Look for and How to Find Reliable Help

by Natalie Do Amaral, Summer Intern

 
 

Since 2025, individuals seeking immigration services have faced further threat and confusion due to an alarming increase in the number of immigration scams. In fact, the Federal Trade Commission (FTC) reported 265,272 complaints regarding immigration scams in 2024. Below, we bring light to the dangers of immigration scams, highlight key “Red Flags” that can be used to spot a scam, and redirect individuals to reliable resources for immigration services.

Why are immigration scams dangerous?

Oftentimes, immigrant clients are at high risk of being scammed as they have to navigate a complex legal system with few resources and limited knowledge of the subject matter. Falling victim to an immigration scam poses many dangers. First, many scammers will demand outstanding fees from their victims, leading many individuals into financial despair. In fact, scams in 2024 cost victims a total of $789 million, according to the FTC. In addition, if an individual wrongfully files for benefits they do not qualify for, they may risk future applications and benefits. Submitting an application without having qualified for benefits can unintentionally harm the individual by making them a target; in other words, if an undocumented individual applies and fails to receive benefits, they have made themselves vulnerable to further government action, possibly including detainment or deportation.

What are the most common immigration scams and what are the “red flags” to spot them?

Red Flag: An individual does not have a bar card or DOJ accreditation.

One of the most common immigration scams comes from receiving legal services from an unqualified individual. In order to offer legal services or legal advice, an individual must have a bar card or a Department of Justice (DOJ) accreditation. If they do not have either of these qualifications, they are not a reliable source of legal help. Notably, notaries, immigration consultants, and visa specialists cannot provide legal services. Oftentimes, notaries may be confused for a qualified legal expert as “notario publico” in Spanish means “licensed legal professional”; however, notaries are not legal professionals and, therefore, cannot provide legal advice.

Red Flag: An individual claiming to be a legal professional issues threats, insists on secrecy in legal services, requires payment of immigration forms, or insists on keeping your original documents.

Qualified legal professionals will not issue threats or pressure their clients into making particular legal decisions. Additionally, while legal matters are confidential, they are not inherently secretive. An individual who insists on secrecy could be trying to hide something they are doing wrong. U.S. Citizenship and Immigration Services (USCIS) forms can be downloaded for free. Some forms do have filing fees, but it is important to be aware of which forms require fees and the amount to avoid being overcharged or wrongfully charged. Lastly, you should never let anyone keep your original documents. An individual who insists on withholding your original documents is fraudulent.

Red Flag: An email or letter claiming to be from the Diversity Visa (DV) Lottery System asks to pay a fee to register or claim your visa reward, tells you about an application update, links to another website, refers to a second application or ways to have a better chance at winning.

Many scams occur in relation to the Diversity Visa (DV) Lottery system which grants visas to a large quantity of immigrants each year. Scammers take advantage of this program through sending fake emails and letters, claiming to be from this organization. DV only provides application information through their official website. Any email or letter correspondence is fraudulent. There is no fee required to register or claim your visa reward. Any government required fees will have to be paid in person, not online. All application status updates will be visible directly on the official DV website: dvprogram.state.gov. Any correspondence regarding this information is fraudulent. Official government websites end in “.gov” or “.mil.” Any other linked websites are fraudulent. You may only apply to the DV once per year. Any correspondence regarding a second application is fraudulent. The DV program selects winners on a random basis. Thus, there is no way to gain preference or an advantage in the process. Anything claiming to provide a better chance at winning is fraudulent. Recently, there has been a notable increase in these types of scams.

Red Flag: Asking for payment by app (Venmo, etc), wire transfer, gift card, cryptocurrency, etc.

Another common immigration scam occurs through the use of untraceable payment methods: payment apps, wire transfer, gift card, cryptocurrency, etc. If an individual requests this payment form for their legal services, this is a scam. If you receive correspondence requesting this payment method, it is a scam. Qualified legal professionals and official government sources will never ask for these illicit payment methods.

Red Flag: An institution does not show up on the DHS search tool, a company requests payment of H1B worker processing fee, or an institution/ company communicates through unknown contacts.

Many individuals are scammed by fake institutions or businesses falsely promising them a sponsored visa. All institutions that are legally able to provide a student visa are listed under the DHS search tool found here: studyinthestates.dhs.gov. If an institution claims they can provide a student visa but are not listed, this is a scam. It is illegal for employees to have to pay for H1B worker processing fees when they are being sponsored for a visa. If a company requires you to pay this fee, this is a scam. If an institution or company communicates through unknown contacts, this is a scam.

Red Flag: An individual, institution, or company guarantees approval or specific results with your immigration legal process.

No one should be promising guaranteed approvals, especially if they have not taken the time to evaluate an individual's unique circumstances. If anyone makes promises or guarantees regarding your immigration process, this is a scam.

How to Find Reliable Help

  • Only receive legal advice and legal services from accredited legal professionals who have a bar card or a DOJ accreditation.

  • Refer to the official Diversity Lottery website for information regarding their program: dvprogram.state.gov.

  • For refugees, always refer to your resettlement agency for guidance and support in seeking legal assistance.

  • Refer to official government websites ending in .gov or .mil for reliable information.

  • Refer to the USCIS website for reliable immigration information and further tips on how to avoid scams, including informational brochures in a number of languages.

Why is this important?

It is important to ensure individuals receive reliable, professional legal help as they navigate through the often complex and confusing nature of the legal system. These scams are not only illegal, they are inherently unfair, deceitful, and harmful. In fact, these scams not only harm each individual seeking legal help, they also undermine our legal system, our immigration processes, and our government as a whole. As such, we need to ensure the reduction of these crimes and empower individuals to avoid possible scams in order to receive rightful legal support.

This is especially important as the Department of Homeland Security (DHS) is hiring a large number of immigration judges. As a result, many immigration cases, which were previously halted, are now moving very quickly. We advise individuals with open cases to check for updates on official government websites in order to see if they have court dates. There are a few ways to check if you have an upcoming court date with the Immigration Court:

Sources and Resources:

https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/common-scams

https://legalclarity.org/common-immigration-scams-and-how-to-protect-yourself/

http://studyinthestates.dhs.gov

https://consumer.ftc.gov/articles/how-avoid-immigration-scams-and-get-real-help

http://dvprogram.state.gov

https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/avoid-scams-resource-center

https://www.aila.org/library/think-immigration-immigration-scam-surge-threatens-clients-and-legal-providers

https://news.ucsc.edu/2022/02/immigration-scam-reporting/

https://manifestlaw.com/blog/how-to-avoid-immigration-scams/

TNJFON