What can I do if I am the victim of an immigration fraud or scam?

If you have been the victim of an immigration fraud or scam, we are very sorry. Please see information below about possible steps you can take. It can also help to talk to an immigration lawyer as soon as possible to understand your options. 

In general, it is difficult to get your money back after you have been scammed, but sometimes it is possible. You may also be able to stop the scammers from cheating other people. 

1. Try to cancel or reverse the payment.  

• If you sent a payment to the person who scammed you, you can “dispute” the payment and try to cancel it, especially if the payment was very recent. 

• Contact your bank as soon as possible and ask them if they can reverse a fraudulent charge and give you your money back. 

• If you used a website like PayPal or an application like Venmo to send the money, you can also contact them and ask them if they can reverse the payment. 

2. Keep proof of what happened.

• Keep all communications to and from the person who scammed you. Save any emails, receipts, images of messages, and images of social media posts.

• Keeping proof of what happened is important for trying to get your money back, reporting the scammer, or to help explain why you missed an immigration deadline.

• If you decide to report the scam to the police or other government agencies, ask for copies of any reports you make.

3. Keep fighting your immigration case. You may need to act quickly.

• Act quickly if you missed an immigration deadline or filed an incorrect form. If necessary, you can submit a letter to the immigration agencies with proof of the scam. It can also help to show that you have reported the fraud. 

• It is helpful to have a lawyer to understand your options. Search for a lawyer here. 

• In some situations, it may be possible to apply for a U visa (for victims of certain crimes) or a T visa (for victims of human trafficking). To apply for a U visa or a T visa, you would need to report the crime to a law enforcement agency (such as the police) and cooperate with them in any investigation. It is helpful to have a lawyer to understand if this could be an option for you. 

4. You can consider reporting the fraud. Here are options. 

• State consumer protection office. State consumer protection offices may be able to help you get your money back or stop the scammer. Search for your state’s office at this website.

• Local police or sheriff’s office. If you make a report to the police, they might investigate the scammer and bring criminal charges, which could eventually result in the scammer going to jail or paying you back the money. It could also have immigration consequences for the scammer. 

• Federal Trade Commission. You can make a report on this website. They most likely will not help you get your money back, but they may try to stop the scammer.

• USCIS. If the scam was about a work permit, green card, or other type of application, you can report it on this online tip form. They may investigate the scammer and try to stop them, but will not directly help you get your money back. 

• Immigration court. If the scam was about an immigration court case, including in detention, you can email eoir.fraud.program@usdoj.gov and include your A number in the subject line. They may investigate the scammer and try to stop them, but will not directly help you get your money back. 

5. You can try to get your money back in court. 

• You may be able to sue the scammer in “small claims court” to try to get your money back, although it can be difficult. Each state has a different money limit for small claims court, usually $5,000 or $10,000. Google “small claims court + [your city and state]” to find more information.

• If the money you are trying to get is higher than the limit for small claims court in your state, you may be able to sue in a different kind of “civil” court. It helps to have a lawyer.

• Anyone in the United States has the right to bring a lawsuit in court, regardless of their immigration status.

6. You can help others avoid immigration scams. 

• If you are comfortable, you can share your experience with others in your community to prevent them from becoming victims of similar scams.

• This ASAP page has information and tips about how to avoid immigration scams.

7. If you are an ASAP member, you can email us with questions. 

• If you are an ASAP member who has been the victim of fraud, you can email questions about your case to info@asylumadvocacy.org. Include your ASAP member ID in the email. ASAP cannot be your lawyer, but our expert immigration lawyers will do their best to answer your questions.

• Please know: if someone says they work for ASAP and charges you money for immigration help, they are not telling the truth. ASAP membership is free and ASAP never takes money in exchange for services. Please report the scam to us at info@asylumadvocacy.org.