Being in a foreign country and not knowing the language can make immigrants more vulnerable to immigration scams. Immigrants may sometimes have difficulty distinguishing between individuals who provide legitimate immigration services and those that do not. It is easy for non-legit individuals to lease office space and set up what appears to be a legitimate business. Others set up more informal offices in their homes. Illegal immigrants may turn to someone they believe is an immigration consultant and seek legal advice from someone who is not qualified. These immigration consultants may on the surface appear to be giving legitimate advice and may even offer to fill out immigration forms. Illegal immigrants may be tricked into thinking that they qualify for certain immigration programs when in reality they do not. Only certain individuals are qualified to give legal advice when it comes to immigration matters and to fill out particular immigration forms. In Texas, for example, those who are authorized to give legal advice must obtain accreditation from the U.S. Department of Justice’s Board of Immigration Appeals. Only certain groups like nonprofit immigrant organizations and attorneys who are licensed can gain accreditation. This has cut down on fraud relating to immigration matters. Fraudulent immigration businesses have been fined and even forced to close their doors. Even with the Texan government being on the lookout for fraudulent behavior, there are still those who continue to deceive immigrants.

There are times when illegal immigrants may become confused by a term such as a “notary public” because this translates in Spanish to a "notario publico". In countries like Mexico, the notario publico plays a more extensive role and has greater authorization in legal matters. Some even consider them to have similar status as that of lawyers. Notary publics in the United States have the authorization to be witnesses in the signing of legal documents, but they are usually not authorized to deal with immigration matters. Most of the notary publics will not take advantage of immigrants but there are those that do. Countries with large illegal immigration populations are common targets. In exchange for a fee, some individuals may promise to obtain Green Cards and even legal status for illegal immigrants. They submit applications for work permits and Green Cards, but the fraudulent individuals know beforehand that the application will be denied. They prey on the hope of illegal immigrants and their lack of knowledge. Even if the immigrant does have some knowledge about the immigration system, changes are constantly being made. Post 9/11, the United States government has made it more difficult to obtain everything from visas to U.S. citizenship. This makes it easier for "notario publicos" and immigration consultants to offer their services. While illegal immigrants could turn to lawyers specializing in immigration, many choose not to do so because they charge substantially more than immigration consultants.

While the law prohibits fraudulent behavior, such as immigration scams, there are many that still get away with committing fraud. Some illegal immigrants are willing to speak out when they are victims of scams, but others are not, sometimes out of fear of deportation. The illegal immigrants may discover afterwards that they were part of a scam, but the immigration consultants may threaten them with deportation or turning them into the police. This causes many cases to go unreported. As a result, those who are committing fraud usually continue deceiving others. They may charge anywhere from the hundreds to the thousands of dollars to file an application. Not only are they taking the hard earned cash of illegal immigrants, but they are also hurting them in the long run. In the cases where illegal immigrants apply for a Green Card, a visa, or temporary work permit, the previous application may be detrimental. This may even jeopardize their chances of being able to remain legally in the United States. They have to be careful not only of fraudulent immigration consultants but of fraudulent immigration lawyers as well. Unfortunately, the number of immigration scams continues to grow. Some advocates of illegal immigrants argue that the government is not doing enough to deter those who continue to scam individuals. Some lawyers also argue that there are states where tougher legislation needs to be introduced. This could include larger penalties and impose stricter regulations for immigration consultants. States that currently have these stricter measures in place include New Jersey, California and New York.