Debit card fraud in USA on husband's international card

[erininnyc2012 1]

Hi all,

I'm hoping that someone here may have any advice for an unfortunate situation my husband I have found ourselves in.

My husband moved here from Portugal in early December of last year. At the end of December, we discovered that his Portuguese debit card had been cloned somewhere here (either in PA or NY), and had been used for a number of fraudulent charges in Virginia at Walmart and Target which completely drained his bank account. He immediately called his bank, and they wanted a US police report to begin a fraud investigation (their banks aren't like ours with no-fault refunds). When we went to the police, the officer was a total a-hole, and refused to even take an official statement because he "couldn't prove that my husband lived here legally" (we could--we had all of the USCIS approval and NOA documents, but they wanted a state ID or drivers license, which we couldn't get because we were pending an adjustment of status so he was currently in between visas) and they also wouldn't do anything because the funds didn't originate in the US.

Welcome to America.

So the short story is that my husband hasn't had a cent of his own money since a few weeks after he moved here, and we've been living solely on my income since he hasn't gotten his EAD yet (it was just approved last week) and our meeting with the USCIS isn't until next week to get his status changed to permanent residency. He's caught in this black hole of not being an American, but not being Portuguese, and neither country really wants to help him get his money back at this point. So he's been out his money for three months now, and we have no idea when or if he'll get it back. In the meantime, we're living solely on my income, which, I'm happy to do, but, I don't make much and it's hard for him to have to rely on me every time he wants coffee or cigarettes.

In further news, today he discovered that his Portuguese Visa card was compromised, and someone spent $5,000! I'm hoping that since it was a credit card and not a debit card this time, it should be a little easier to get the charges removed. My fear is that they'll want a police report again, and it was such a terrible experience that it made my husband feel like a non-person and really soured his first few weeks in America. (We live in an ethnic neighborhood in NYC which is highly populated by families of illegal immigrants, and I'm sure the cop thought that he was just another "dirty illegal" trying to work the system, which is infuriating).

I guess my question is, has anyone experienced debit or credit card fraud as a not-yet-permanent resident? If so, how did you handle it (especially if it was on a foreign card). I know it's a longshot and a bit of a specific situation, I'm just curious if anyone can relate and has ideas.

[Brit Abroad 166]

If you were in attendance at the time your husband tried to report fraud, you should've asked for an escalation to a more senior officer. The Police aren't gods, they have the same customer service requirement as any other public body, so don't be intimidated by them.

International fraud is big business, and you should contact your local FBI office and let them know about the card cloning and fraudulent charges. All Police reports of international fraud end up with them anyway.

Here's what the FBI site says about it ... http://www.fbi.gov/scams-safety/fraud

It's horrible having to deal with the ramifications of getting clean credit after this has happened to you. I watched my Dad go through it all and it took a couple of years to get it resolved. Good luck, stay strong, it WILL get fixed in time, you just have to be persistent.

[erininnyc2012 1]

Thanks for your response, Brit. You're right--I should have tried to escalate it while we were there. But the guy was such a jerk, and he and his colleague just kept saying "I don't know what you want us to do! We can't do anything here!" and my husband and I were both so frustrated and angry that we gave up and went home and called his bank to ask if they could do anything without a police report. But, I think we'll have the opportunity to do it all over again tonight, since the Portuguese card company also wants a police report. And this time we'll take with us the NOAs from the USCIS along with his ss card showing our address. Second time's the charm?

And you're right about the FBI, too. I was just researching and realized it would be a good idea to report both fraud incidents to them, since it was involving two countries and funds that originate in Europe with fraud in the US both times.

[JohnR! 5,495]

They probably heard you but didn't listen. It is true that a police report is not used for credit card fraud in the US so to that extent the officer was correct. I would recommend you go back to the station and if an officer is unable to help you, ask for a superior and explain that you need to make a statement so that your bank back in Portugal can revert these charges. Make sure you explain what you need is not a report, so much as you need to make a statement as required by your bank. I hope that helps.

If that should not help call your bank and explain to them that you can't get a police report in the US and ask if a notarized statement instead would work.

Regardless of the outcome, if another officer so much as mentions the word 'illegal' in regards to you or your husband, call a lawyer. They have no right to deny you service on the grounds of your immigration status.

On a more personal note, I would recommend you also consider not using the term 'illegal' to refer to other immigrants, now that you have been on the receiving end of that epithet.

Good luck!

[erininnyc2012 1]

Thanks Gegel.

Firstly, I apologize as I meant no offense to anyone. I was only using the term "illegal" because that seems to be how the police see the neighborhood in general where we live, and thus, my husband by extension. I have nothing but total sympathy and respect for anyone coming here! Again, I sincerely apologize to you and anyone offended by that--it certainly is not my own view.

And you're right...I did contact our attorney today, in preparation for having to go to the police station again. It's such a nebulous place to be between visas and status-pending, and there's absolutely no reason for him not to have the same protections as anyone while he's here but not yet a permanent resident--I even asked "What if his wallet had been stolen instead? Would you still not take a statement?" The officer didn't respond.

I did try to explain that we only needed something from them for the bank, to start the investigation. The officer continued to say he couldn't do anything without a state ID or drivers license. He also asked if we had "all the proper bank paperwork," which a.) would have been in Portuguese and b.) we couldn't get from the bank without a police report. He had no understanding whatsoever that banks in other countries might not run exactly the same way as they do here. This time I will ask for a superior.

Thanks again!

[JohnR! 5,495]

Thanks Gegel.

Firstly, I apologize as I meant no offense to anyone. I was only using the term "illegal" because that seems to be how the police see the neighborhood in general where we live, and thus, my husband by extension. I have nothing but total sympathy and respect for anyone coming here! Again, I sincerely apologize to you and anyone offended by that--it certainly is not my own view.

And you're right...I did contact our attorney today, in preparation for having to go to the police station again. It's such a nebulous place to be between visas and status-pending, and there's absolutely no reason for him not to have the same protections as anyone while he's here but not yet a permanent resident--I even asked "What if his wallet had been stolen instead? Would you still not take a statement?" The officer didn't respond.

I did try to explain that we only needed something from them for the bank, to start the investigation. The officer continued to say he couldn't do anything without a state ID or drivers license. He also asked if we had "all the proper bank paperwork," which a.) would have been in Portuguese and b.) we couldn't get from the bank without a police report. He had no understanding whatsoever that banks in other countries might not run exactly the same way as they do here. This time I will ask for a superior.

Thanks again!

You are welcome, and no, I was not offended. :-) I suspected you did not meant it maliciously, nor did I mean it in a catty way.

There is no need for them to ask for your husband's DL, if his passport is current. In fact, if they need his ID for the statement they should use his passport so that the statement can be linked to a document to which the bank in Portugal can relate. Until he receives his green card, his passport should serve as his official ID, in the absence of a DL.

What the police did is nothing short of harassment because their are sworn to protect everyone. Immigration status has absolutely no bearing on any matters dealing with the NYPD because immigration is completely out of their jurisdiction. I hope you get treated with the respect you are owed and deserve this time around.

Edited March 10, 2014 by Gegel

[erininnyc2012 1]

Thanks again. You've confirmed what I thought. I'm so angry with myself for not handling it better at the time, but this time I'm determined to make sure that we get what we need from the police.

[NigeriaorBust 4,087]

You should ask the officers if they would refuse to write a police report for a person from out of state or Canada ( they are making up rules ) If the police don't want to be of assistance you should wander to the local court and ask to speak to the district attorney's office. Tell them you have been informed by officer so and so that you are unable to report a crime with out a ID issued by the state. Ask them the process to report a crime. I am sure they can help convince the officer to do what he should have.

[erininnyc2012 1]

Thanks Nigeria. Exactly.

The good news is that we did go to the precinct again last night, and the experience this time couldn't have been more different. We walked in, a lady promptly asked if she could help us, and upon showing her my husband's card statement with three pages of highlighted fraud, she immediately sent us up to a detective. He was also very receptive and helpful, and took whatever ID we could provide (passport, EA card, and a bill with proof of address). Then they took a statement and gave us a police report for the bank. SO much better than last time. We even mentioned to the detective how this was the second time, and when he asked if we reported it, we said "Well, we tried, but the officer wouldn't listen or issue a report..."

This morning at 6:45am, the detective called with some follow-up questions and gave us a case number, so we know they're working on the case.

Anyway, moral of the story is, we got the police report we needed with none of the attitude the last officer gave us. Everyone here was right--the guy was just making up excuses not to do his job. Immigration status has zero effect on police reports.

Thanks everyone for your input!

[TBoneTX 45,469]

Congratulations! Persistence is a good thing.

[JohnR! 5,495]

Thanks Nigeria. Exactly.

The good news is that we did go to the precinct again last night, and the experience this time couldn't have been more different. We walked in, a lady promptly asked if she could help us, and upon showing her my husband's card statement with three pages of highlighted fraud, she immediately sent us up to a detective. He was also very receptive and helpful, and took whatever ID we could provide (passport, EA card, and a bill with proof of address). Then they took a statement and gave us a police report for the bank. SO much better than last time. We even mentioned to the detective how this was the second time, and when he asked if we reported it, we said "Well, we tried, but the officer wouldn't listen or issue a report..."

This morning at 6:45am, the detective called with some follow-up questions and gave us a case number, so we know they're working on the case.

Anyway, moral of the story is, we got the police report we needed with none of the attitude the last officer gave us. Everyone here was right--the guy was just making up excuses not to do his job. Immigration status has zero effect on police reports.

Thanks everyone for your input!

I am glad it all worked out! :-)