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Legal Issues in the US

ISO wants to make sure you are aware of your rights and responsibilities as a temporary resident of the United States. Review information about common legal concerns international visitors have encountered, along with scams and frauds targeting foreign nationals.

Common legal concerns

You’re expected to know and obey the laws of the United States, New York State, Monroe County, the City of Rochester, and any of the surrounding towns you live in or visit. If you break any of these laws and are caught and charged by the authorities, claiming ignorance because of your visitor status won’t excuse the charges or reduce the penalty or fine.

Here are some areas where international visitors have faced legal problems:

  • Vehicle and traffic laws
  • Alcohol and drug laws
  • Domestic violence
  • Child neglect and child abuse
  • Sexual assault and sexual harassment

Normally, minor offenses such as disturbing the peace or drunkenness (or even lesser violations, such as traffic or parking tickets) will not affect your immigration status. However, serious crimes like drug possession, driving under the influence, or fraud could lead to deportation.

Resources to address legal concerns

The University and external resources can help you in your responsibility to understand and obey the law.

Note: ISO cannot serve as your attorney or provide legal advice. We can consult with you about any problems or concerns you’re having and, when appropriate, help you find a qualified attorney to assist you further. If you have questions, please contact us.

Common scams and frauds

Unfortunately, scammers often target international students and scholars. They may call or email you, pretending to be from a government agency or business. They may ask you to share your Social Security Number or to arrange payment of a fee to resolve some bogus problem, complaint, or investigation. These callers will often threaten you with arrest if you don’t comply with the caller’s demands immediately. Hang up the phone immediately or don’t reply to any suspicious email and contact ISO.

Please review the Department of Public Safety (DPS) guidance on scams and fraud for additional information. You can also download a printable version of this DPS guidance. And, we encourage you to watch the video below to learn more.

Avoid becoming a victim of identity theft, scams, and fraud

Here are some basic tips to avoid scams and identity theft:

  • Government agencies never request personal information or payment by phone or email. Be cautious if you receive calls or emails like this and encourage others to do the same.
  • Never provide personal or financial information in response to a phone call or email without first obtaining written verification from a reliable source of the requester’s identity and legitimacy.
  • Visit the Federal Trade Commission’s Consumer Information website to learn more.
  • Explore our identity theft FAQs below. You can also download a printable version of this ISO guidance.

Identity theft FAQs

What is identity theft?

Identity theft is the crime of wrongfully obtaining and using someone’s personal information to cause fraud or deception, usually for economic gain.

Most often, victims will experience this as fraudulent access to their financial accounts or unauthorized debt collected under their name. Serious damage to the victim’s reputation and credit standing can also occur.

Many forms of identity theft exist and the time and energy to resolve such problems can be overwhelming. The best defense against such crimes is to keep personal details private and safe, to avoid becoming a victim.

How does identity theft happen?

Identity theft is possible when a criminal obtains your personal information, especially your SSN, bank account or credit card numbers, and new offers for credit or financial services. Thieves typically gain access to personal information by:

  • Stealing wallets, purses and mail items (bank and credit statements, pre-approved offers, and tax forms).
  • Viewing details you provide to an unsecured site online.
  • Posing as someone who legitimately needs information about you, such as employers or landlords.
  • Sorting through trashed items for personal data
How can I protect myself?

You should only give out your SSN when it is absolutely necessary and only to a legitimate representative. Your employer and financial institutions will need your SSN for wage and tax reporting purposes. Some private businesses may ask for the SSN in order to perform a credit check before agreeing to serve you. It’s up to you to decide whether to share it, but it is also their right to refuse service without that info.

If asked for your SSN, find out if you can provide some other form of identification instead. Ask why your SSN is needed, how it will be used, and what will happen if you refuse to disclose it.

Do not carry your Social Security Card with you! Since the SSN is assigned for life, you can replace a lost card, but the number may be found and used without your permission. Keep it in a safe place, but not with your immigration documents.

Other recommended strategies:

  • Do not give out personal information over the phone, internet, or by mail, unless you have initiated the contact or know whom you are dealing with.
  • Don’t give out personal information without asking how it will be used and whether it will be given to others. Ask to keep your information confidential.
  • Minimize the identification details and number of credit or debit cards you carry. Take only what you’ll actually need. Do not list phone numbers on your personal checks.
  • Do not use personal information when creating passwords (SSN, date of birth, mother’s maiden name, etc.)
  • Pay attention to your billing cycles and statements. Follow up with creditors immediately if bills don’t arrive on time or list fraudulent charges. A missing bill could indicate that your address was changed without your permission.
  • Shred all documents with personal or financial information you intend to discard, including pre-approved credit applications, insurance forms, bank checks, and old financial statements. Request a hold on your incoming mail if you will be traveling.
  • Be alert when using ATMs and phone cards in public. Thieves may be trying to see your access codes.
How can I review and monitor my personal information?

According to the US government, the first signs of identity theft often go unnoticed. The best way to detect any fraud against you is to monitor your accounts each month and access your credit report regularly. This will allow you to take actions necessary to correct your records and prevent any further problems.

There are three major credit reporting agencies in the United States. As a consumer, you are able to request and correct any information that is reported there. Typically, one report from each agency is available every year at no cost. You should order your credit report every year from all three companies. Many experts recommend that reports be staggered throughout the year to review your credit information regularly (still at no charge). The three major companies are:

Any mistakes or errors listed in your credit report should be corrected immediately. Always submit your correction requests in writing to the reporting agency, with a return receipt requested to verify delivery.

What should I do if I think I’m a victim of identity theft?

If you believe you may be a victim of this crime, you should take immediate steps to protect against continued damage. You can always dispute any unauthorized transactions with your banking, credit, and other financial institutions. It is also appropriate to notify the major credit reporting agencies that you have been a victim of identity theft and to file a police report.

For more guidance and to report this crime to the government, contact the US Federal Trade Commission at +1-877-438-4338.

Additional resources: