Enforcement, Education, Collaboration: Fighting Immigrant Services Fraud

Immigrant communities have proven to be particularly vulnerable to fraud due to the cultural and language barriers faced by their populations. Within the past few years, the U.S. government has recognized a surge in immigration services scams.

April 2012

By Yasmin Vazquez

“I just wanted to provide a better opportunity for my children.”
“I didn’t know the process to gain legal status.”

Immigrant communities have proven to be particularly vulnerable to fraud due to the cultural and language barriers faced by their populations. Within the past few years, the U.S. government has recognized a surge in immigration services scams. For this reason, a nationwide initiative instigated by the Department of Justice (DOJ), the Federal Trade Commission (FTC) and the Department of Homeland Security (DHS) is being widely enforced and publicized to combat the spike in fraud perpetrated against this group.

The initiative employs a three-pronged approach: enforcement, education, and collaboration. The first, enforcement, includes connecting victims of immigration fraud with qualified lawyers or representation to prosecute the scammers. The second involves educating immigrants about the different types of scams and informing them of the legal process to obtain citizenship. Collaboration encompasses different agencies at the local, state, and federal level working together to combat the problem.

Common Scams
The most common type of immigration services scam is the unauthorized practice of immigration law, which occurs when an individual claims to be an attorney and provides unauthorized legal advice or representation. Recent cases provide a better idea of the prevalence of this type of scam:

In January of 2011, Rafael Masso was convicted of immigration fraud and sentenced to up to six years in state prison. He claimed to be a member of the federal immigration authorities to provide legal services to unsuspecting Dominican immigrants.

Jennifer Lam pleaded guilty to grand larceny in March of 2012 in a New York County court. Lam posed as an attorney with the power to submit green card applications. She was able to steal approximately $14,000 from a Chinese individual seeking permanent residency in the U.S. under this false pretense.

At the forefront of immigration fraud is the popularity of a notario publico. In the Latin American community, this term is translated as an individual with legal authority; however, the United States defines a notary public as a person who can administer oaths, witness signatures on important documents, and validate documents. Notarios advertise their services in Hispanic neighborhoods, giving false hope to immigrants wanting to secure legal status in the United States.

Another common scam involves businesses offering to secure a visa, green card, or other employment authorization document for immigrants. These companies charge fees upfront for assistance filling out and processing government application forms. The forms are never filed with the government and the perpetrators pocket the money. Oftentimes, these businesses also guarantee faster service than the U.S. Citizenship and Immigration Services (USCIS). The following cases illustrate this type of scam:

In February 2012, three people associated with a company in Missouri called Immigration Forms and Publications were indicted for conspiracy. The company advertised its employees as “immigration agents,” charged government processing fees, and never filed immigration application forms for its victim. Instead the target was mailed forms that normally are supplied for free by the USCIS.

In 2008, a Maryland-based company named EBI, Inc. pleaded guilty to immigration fraud. The company targeted Korean and Chinese communities in the United States by submitting false labor certifications for visas.

Manuel and Lola Alban ran Loma International Business Group, Inc. in Maryland, which targeted Spanish-speaking natives from Honduras and El Salvador. The Albans charged their victims fees to prepare and file immigration forms without proper authorization. The FTC, in conjunction with the federal courts, closed the operation immediately for investigation.

In 2009, the Better Business Bureau received several complaints from Spanish-speaking individuals about a Colorado company named Immigration Center. The company was operating an illegal setup and was forced to close in 2011 by a federal judge and the FTC.

Web-based businesses are relative newcomers to immigration fraud schemes but have started offering “services” that include instructions to complete a USCIS application, and many charge a fee for downloading forms. The websites are assumed to be associated with the USCIS or another U.S. government agency, which is not the case.

Another variation of immigration fraud involves diversity visas (DVs). The Department of State offers 55,000 DVs annually to individuals selected through a lottery system. To qualify for this random selection, candidates must meet certain qualifications. Eligible entrants must have at least: (1) a high school degree or its equivalent, and (2) two years of work experience. In addition, the individual must come from a country with a low rate of immigration to the United States. Immigration scammers send out emails or links to websites in reference to the DV lottery. These fraudulent emails offer to enter the immigrant in the drawing for a fee or claim that the individual is a “winner” of a DV and needs to pay a processing fee to receive the visa.

Red Flags
The following is a list of red flags that might indicate immigration fraud.

Websites or businesses that ask for a fee for government forms (government forms are free and can be accessed from the USCIS website or by calling a local USCIS office)

Individuals or businesses offering immigration assistance that are not registered with the state bar association or Board of Immigration Appeals

Notarios who request to keep original documents such as birth certificates, Social Security cards, passports, or other forms of identification

An immigration services company website that has a URL ending in “.com” is not a government-based website; federal government sites are identified by “.gov”

Websites, individuals, or companies claiming to be associated with the Immigration and Naturalization Service (INS) (The INS is no longer in operation and now exists as three separate units within the Department of Homeland Security -- USCIS, Immigration and Customs Enforcement, and Customs and Border Protection)

Failure to provide a receipt to applicants upon completion of immigration forms (The USCIS always issues a receipt as confirmation)

Future of Immigration Services Fraud
The frequency of cases involving immigration services fraud has gained the attention of lawmakers at both the local and national level. Congress currently provides a temporary visa, also known as the U Visa, to immigrants who have been victims of physical or mental abuse. Criminal activities that qualify include, but are not limited to: rape, trafficking, domestic violence, sexual assault, false imprisonment, witness tampering, obstruction of justice, perjury, or conspiracy. The U Visa allows the victim temporary legal status and work eligibility provided that they cooperate with government officials or local law enforcement in prosecuting the perpetrator or learning more about the crime. Immigrant advocates are working on extending the U Visa to victims of immigration services fraud schemes by classifying this crime as part of the “witness tampering, obstruction of justice, perjury, or the solicitation of any of these” clause.

The combined efforts of the USCIS, the DOJ, the DHS, and the FTC are a step in the right direction in preventing immigrants from falling victim to fraud. Their approach of bringing awareness to the problem and educating immigrants aims to reduce immigration services fraud.