How to prepare for a federal investigation: A guide for victims of immigration fraud
Introduction
The goal of submitting an immigration fraud report to the federal government is to trigger an administrative or criminal investigation by federal officials. Assuming your report was thoroughly and properly prepared, your job isn’t over yet. A federal investigation may soon follow and you should be ready for the next phase.
As a victim of fraud, it’s often hard to know what’s going on inside the federal bureaucracy. One clear sign that your case is moving forward is when you’re contacted by a federal investigator. How well you prepare for this next phase can make or break the outcome.
Step 1 – Understand the process
A. Investigative agencies
The U.S. Department of Homeland Security (DHS) is responsible for enforcing U.S. immigration laws through three agencies: U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP).
USCIS handles immigration benefit applications, ICE enforces immigration laws, and CBP secures the borders. Although ICE is tasked with enforcing immigration laws, they often defer to USCIS to handle allegations of immigration fraud administratively. So, if you’re contacted by a federal investigator, it’s most likely an FDNS officer within USCIS.
B. FDNS officers
FDNS, or the Fraud Detection and National Security Directorate, is tasked with investigating immigration fraud for USCIS adjudicators. While FDNS officers don’t make the final decisions on immigration benefits, they do determine whether fraud has occurred. They’re your main audience as a victim of immigration fraud.
Remember, FDNS officers usually aren’t attorneys. Immigration law is incredibly complex, and they might not fully understand how the law applies to your specific case. This is where having an attorney can be a huge advantage—they can explain the laws and present your case in a way that’s easy for the investigator to understand, which can make or break the outcome of the investigation.
C. Investigative stages
It’s important to understand how USCIS approaches and categorizes investigations. Each stage has its own requirements, and knowing these can help you understand what FDNS officers are looking for. There are two basic categories: leads and cases.
1. Leads
A benefit fraud lead is the initial stage of the investigation when there’s a suspicion that immigration fraud might have occurred. This suspicion can come from a fraud report you or your attorney submitted. Simply submitting a tip isn’t enough to trigger a full investigation. FDNS evaluates the lead based on three criteria:
Articulable: The suspicion must be supported by clear evidence or facts. Vague concerns don’t cut it—the issue needs to be well-defined and based on solid information.
Actionable: The fraud concern must fall within FDNS’s responsibilities and be something they’re authorized to investigate. If it’s outside their jurisdiction or can’t be effectively addressed, it’s not actionable.
Determinable: There must be a good chance that further investigation will uncover or verify the fraud. If further investigation isn’t likely to yield conclusive results, the case may not proceed.
If these criteria are met, the lead becomes a benefit fraud case for a deeper investigation. If not, the lead is closed, and the application may move forward without further scrutiny.
2. Cases
A benefit fraud case means FDNS has determined there’s enough reason to dig deeper into potential immigration fraud. This phase involves:
Investigation: FDNS thoroughly investigates, reviewing documentation, conducting interviews, gathering evidence, and working with other agencies to verify information.
Determination: FDNS will document their findings, concluding with either “fraud found” or “fraud not found.”
Resolution: After the investigation, the case is returned for adjudication. If fraud is found, this could lead to denial of the immigration benefit, criminal prosecution, or other actions. If no fraud is found, the application moves forward through the normal process.
For victims of immigration fraud, the goal is always to have the lead converted into a case. This means FDNS believes there’s enough evidence to warrant a full investigation, increasing the chances of a thorough review and a potential fraud finding.
Step 2 – Assemble the evidence in advance
Evidence is the ultimate determining factor of an immigration fraud investigation. If your fraud report was prepared by an attorney, this evidence will most likely already be prepared on your behalf. But if not, you should proactively collect and assemble your evidence before a federal investigator ever contacts you. By preparing in advance, you ensure that if you’re unexpectedly contacted in the future, you can promptly provide evidence on a silver platter to federal investigators, increasing the likelihood of a fraud finding.
When assembling your evidence, there are three key considerations:
A. Quality of evidence
The effectiveness of your fraud report is primarily dependent on the quality of the evidence you provide. High-quality evidence is relevant, material, and credible. Understanding what’s relevant and material requires a thorough knowledge of the relevant statutes, regulations, and policies. Hiring an experienced attorney to guide this process can maximize your chance of success by ensuring the most important evidence is gathered and presented.
B. Quantity of evidence
While the quality of evidence is paramount, the quantity of evidence can also play an important role, particularly in shaping the investigator’s perception of the case. Voluminous and well-organized evidence can lead to the unmistakable conclusion that this case is worthy of being taken seriously. However, care must be taken not to overwhelm the investigator with excessive or irrelevant information. Properly curated and organized evidence allows for a thorough yet focused investigation.
C. Presentation of evidence
The presentation of your evidence can significantly influence the outcome of the investigation. Organizing your materials in a clear, logical manner makes it easier for the investigator to follow and understand your case. Using a three-ring binder with clearly labeled tabs to categorize each piece of evidence demonstrates thoroughness and professionalism, making the investigator’s job easier and potentially positively impacting the outcome of the investigation.
Your goal is to make it as easy as possible for the investigator to do their job. By ensuring that the right information is provided and unnecessary details are eliminated, you help the investigator quickly and efficiently complete their work. This not only streamlines the investigation but also lends credibility to your case and may even ingratiate you with the investigator.
Step 3 – Develop a clear and focused message
Once your evidence is gathered, it’s crucial to prepare a concise, targeted narrative before engaging with a federal investigator. Investigators aren’t interested in your entire life story; they need relevant facts to determine if fraud occurred. Your message should be directly tied to the evidence, ensuring the investigator understands the critical details and the personal impact of the fraud without unnecessary digressions.
A. Benefits of developing a message
Guides the conversation: A well-crafted message steers the discussion toward the most important aspects of your case, ensuring the investigator grasps both the key evidence and the human impact.
Framework for responses: Use your message as a guide when responding to the investigator’s questions, consistently tying your answers back to the central narrative and evidence.
Prevents digressions: A focused message helps avoid straying into unrelated topics, keeping the conversation centered on what truly matters—the evidence.
Maximizes efficiency: A succinct, compelling story prevents unnecessary detours, making the most of your time with the investigator.
B. Attributes of a good message
True: Your story must be true and complete.
Simple: Your story should be straightforward and easy to understand, with key evidence clearly highlighted.
Memorable: Ensure your message leaves a lasting impression, making it easy for the investigator to recall the key points and supporting evidence.
Repeatable: A good message can be consistently reiterated throughout the conversation, reinforcing critical evidence without unnecessary repetition.
Persuasive: Your story should be compelling and focused, clearly demonstrating why the evidence supports a finding of fraud and why justice is necessary.
To develop your message, start by listing bullet points that reinforce the most significant aspects of your story—specific instances of fraud, key evidence, and details that illustrate the personal impact. Organizing your thoughts this way helps you stay focused during the interview, ensuring you cover all critical points without unnecessary elaboration. If you have an attorney, much of this preparation may already be done for you.
Step 4 – Anticipate contact by investigators
When a federal investigator contacts a victim of immigration fraud, it can be intimidating. Anticipating how to respond can help ensure that you remain calm, provide the right information to keep the investigation on track, and avoid any unnecessary derailments.
A. Initial contact
If you’re contacted by a federal investigator, it’ll most likely be via phone call. The call might come from a number that shows up as "Unknown" or "Blocked." Typically, the investigator will be from a local USCIS field office in your area. Usually, they will ask to set up an in-person interview.
B. Express gratitude
When you first talk with a federal investigator, it’s important to express gratitude for their work. Recognizing the significance of their role sets a positive tone for your interaction. Start by thanking them for reaching out and for the effort they’re putting into investigating your case. This shows respect for their position and helps create a cooperative atmosphere right from the start.
C. Verify credentials
It’s important to verify the credentials of the person contacting you to make sure they’re legitimate. Politely ask for the investigator’s full name, ID number, department, phone number, and email address. If the contact is made in person, ask to see their government-issued ID or business card. This step protects you from potential scams and ensures you’re dealing with an authorized federal officer.
D. Acknowledge representation
If you’re represented by an attorney, make sure the investigator knows. Make it clear that your attorney is fully informed about your situation and is the custodian of the relevant evidence. As a result, you should inform the investigator that you would like your attorney present for your interview, not for defensive reasons, but to ensure all of the relevant evidence is presented.
E. Record the call
Recording a call with any federal investigator is a good idea because it makes sure your attorney has an accurate record of what was said, helping to prevent miscommunications. However, it’s crucial to understand that the ability to record a conversation legally depends on the jurisdiction in which you are located. Before recording, familiarize yourself with the local laws governing call recording to ensure compliance and avoid legal complications.
F. Script the call
Having a rehearsed script can help you stay calm and make sure you convey all the necessary information effectively. You might consider using something like this:
“Thank you for contacting me. I appreciate the work your office is doing to investigate this matter, and I’ll do everything possible to get you the evidence you need. For my safety, could you please provide your name, agency, badge number, and a good email address for your office? I’m represented by an immigration attorney who specializes in fraud cases. My attorney is the custodian of evidence related to this case and will be present for my interview to ensure all relevant information is provided. Can I give you his contact info so he can coordinate the interview?”
This approach shows respect for the investigator’s role, emphasizes your willingness to cooperate, and introduces your attorney as a key resource in the investigation.
G. Tone and demeanor
During your interaction with the investigator, it’s essential to stay calm, respectful, and cooperative. Speaking politely and professionally leaves a positive impression and helps build a constructive relationship with the investigator from the beginning. A cooperative attitude can lead to a smoother investigation and make the investigator more receptive to your input and evidence.
H. Follow-up
After the initial contact, immediately inform your attorney about the interaction. Provide them with all the details, including any recording, the investigator’s credentials, and what was discussed. Your attorney will guide you on the next steps and make sure all communication with the investigator is managed appropriately and in your best interest.
Step 5 – Gear up on interview day
A. Coordinate with counsel
Before the interview, it’s important to coordinate closely with your attorney, if you have one. This includes confirming the time and location of the interview, as well as reviewing any final details regarding the evidence you’ll present. Your attorney should accompany you in person or virtually to provide legal guidance and support throughout the process. Their presence ensures that your rights are protected and that the information you provide is conveyed accurately. A pre-interview discussion with your attorney to review key points and strategies is highly recommended to reinforce your confidence and clarity.
B. Arrive early
Being on time is critical for building credibility and minimizing stress on the day of your interview. If you need to travel, consider arriving with your attorney 15 to 30 minutes early to account for any unforeseen delays, like traffic or parking issues. Arriving early also gives you time to collect your thoughts, review any last-minute details with your attorney, and make sure you’re fully prepared. Being early shows professionalism and respect for the investigator’s time, setting a positive tone for the interview.
C. Dress professionally
Your appearance can impact your credibility with an investigator. Dress in business or business-casual attire, like what you’d wear to a job interview or court appearance. For men, a suit or dress slacks with a button-up shirt and tie is appropriate. For women, a conservative dress, skirt, or slacks with a blouse or blazer is suitable. Avoid anything too casual, flashy, or distracting. Dressing professionally shows that you’re taking the situation seriously and are prepared to engage in a formal, respectful manner.
D. Bring identification
You’ll probably be asked to show a valid form of ID before the interview begins. Make sure you have a government-issued ID, like a driver’s license or passport, with you. Bringing a secondary form of ID, like a state ID or employee badge, is a good backup in case it’s needed. If the interview is happening in a federal building or secure location, make sure to leave any firearms at home.
E. Bring evidence
Bringing well-organized evidence to the interview is essential. If you’re represented by an attorney, they should handle this on your behalf. But if not, make sure the evidence is properly assembled. It’s arguably the most important aspect of the interview.
Step 6 – Master the interview
The victim interview is the pivotal moment. How you handle yourself during this interview can determine the outcome of the investigation. It's not just about responding to questions—it's about establishing your credibility, effectively conveying your message, and ensuring that investigators receive the precise information they need while you address any concerns they raise.
A. Be honest
Above all, be truthful. Providing false information isn’t just unethical; it’s a federal crime that could seriously jeopardize your case and any path to justice. If there’s anything in your situation that involves wrongdoing on your part, discuss it with your attorney beforehand so you can address it appropriately if it comes up during the interview.
B. Be respectful
Stay respectful and polite throughout the interview, no matter what questions you’re asked. A respectful attitude shows self-discipline and professionalism, which can positively influence how the investigator sees you and your case.
C. Listen carefully
Make sure you fully understand each question before attempting to answer. Otherwise, you risk providing inaccurate information that can jeopardize the outcome. If anything is unclear, simply ask for clarification or let your attorney step in if necessary.
D. Stay on message
Use the interview as a chance to reinforce your key message. Answer every question with your message in mind, making sure your responses consistently tie back to the core points you want to convey. This helps keep the focus on the evidence and narrative you want to get across.
E. Take your time
Don’t rush your responses. Take a moment to think before you answer to make sure your responses are accurate and thorough. A well-considered response is far more valuable than a hasty one.
F. Ask questions
If you’re unsure about any part of the process or what’s being asked of you, don’t hesitate to ask questions. Whether it’s about the procedure, the purpose of a particular question, or anything else related to the investigation, feel free to inquire. Your attorney can also step in to ask questions or provide clarification on your behalf.
Conclusion
A federal investigation into immigration fraud is the gateway for justice for victims of immigration fraud. The victim interview is a critical moment that demands careful preparation and flawless execution. This is your chance to tell your story, convince a federal investigator to care, and present relevant, material, and credible testimony that could determine the outcome of the case. Remember, once a federal investigation is underway, the likelihood of a fraud finding is in your favor. Approach the process with confidence, knowing that your meticulous preparation has set the stage for justice. Prepare well, and move forward with no regrets.