Applying for immigration relief and benefits can have life-changing consequences. The process involves completing various immigration applications and supporting documents, which can be both daunting and time consuming. The language on these applications can often be confusing and different government entities oversee different aspects of immigration processes and/or proceedings. Professional help is imperative to have correct information on an application or for court. Given the dearth of free or low-cost immigration legal services, some can unfortunately become victims of scams by individuals practicing immigration law without a license or by people impersonating an immigration official. With the increased urgency and interest of the immigrant community to find immigration resources, it is important to stay informed and avoid falling victim to a scam.
How to spot a scam
U.S. Citizenship and Immigration Services (USCIS) and Executive Office for Immigration Review (EOIR) are the main government agencies that individuals will contact through their immigration processes or proceedings. USCIS handles most immigration applications and fees and EOIR, an agency of the Justice Department, oversees cases in immigration courts. Scammers can impersonate USCIS or EOIR to take advantage of others to either obtain personal information and/or money. For example, a scammer can say they are with “immigration” and are collecting fees for their application. Scammers can use an array of platforms such as phone calls, texts, WhatsApp messages, Instagram and Facebook ads and messages, and many more.
USCIS and EOIR will not call you to update a case or collect payment. Payments for applications are sent through mail with applications or online. In addition, communication from these agencies will also either be through mail or an online portal created by the individual. Any communication outside of mail or online from verified government agencies, should raise concern as a scam.
“Notarios” or notaries can sometimes pose as legal counsel to scam immigrant community members needing low-cost resources. Notaries in the United States are not licensed to practice immigration law. While some lawyers are also notaries to facilitate their practice, individuals who are commissioned only as notaries are not lawyers, they are only authorized to witness signatures on legal documents. If you are unsure if your legal counsel is licensed to practice law in Texas, you can check the Directory of the State Bar of Texas.
How to verify case information
USCIS
USCIS online resources provide the best source of information to check status of a case. You can create an account with USCIS or use a receipt number (printed on the receipt mailed to you by USCIS) at https://egov.uscis.gov/. You can also call their help line; however, it is important to know USCIS rarely update through calls. Calling is not an effective method to know more about your case.
EOIR
Using an A-number (also known as an alien number), one can check court information online or call 800-898-7180.
How to report a scam
If you have been contacted by a scammer or wish to report someone who claimed to help you or collected fees fraudulently, there are many ways to report.
To report scammers, or “Notarios”, posing as legal counsel you can fill out reports below.
- Complaint form with EOIR.
- Online Unauthorized Practice of Law Committee complaint form.
- Consumer Complaint with Attorney General of Texas and in other states.
- Use online reporting form with FTC to report fraud.
Other methods of reporting fraud:
- Use United States Postal Inspection Service mail fraud online complaint form to report any correspondence impersonating government agencies or letters asking for payments.
Where to find legit, free, and affordable legal help
Help is here! HILSC’s Immigrant rights hotline is a resource phone line that helps with general immigration questions, policy updates, and free/low-cost legal referrals. Call 1(833)468-4664 Monday-Friday, 9 AM to 5 PM or leave a callback inquiry on the callback request form.
AILA's Immigration Lawyer Search is also a great tool to find private immigration attorneys. Not all attorneys have the capacity to provide free or low-cost services (pro bono or low-bono), but one can ask for an initial, free or low-cost consultation. In some cases, there may be availability of payment plans for private services.
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