If you or a loved one is facing criminal charges that could affect immigration status, you’re likely feeling overwhelmed and uncertain about what comes next. The intersection of criminal and immigration law—what legal professionals call “crimmigration”—creates a complex web of consequences that can be life-altering. Today, I want to help you understand these critical issues, particularly as they relate to birth tourism cases and other immigration-related criminal charges in California.
Understanding Birth Tourism: What It Is and Why It Matters
Birth tourism refers to the practice of traveling to the United States specifically to give birth, ensuring the child receives U.S. citizenship through birthright citizenship laws. While the 14th Amendment guarantees citizenship to children born on U.S. soil, the methods used to facilitate these arrangements often cross legal boundaries.
In my practice, I’ve seen how quickly these situations can escalate from what seems like a simple travel plan to serious federal criminal charges. The key issue isn’t the desire for your child to have U.S. citizenship—that’s completely understandable. The problem arises when the process involves deception or fraud.
Common Criminal Charges in Birth Tourism Cases
Visa Fraud (18 U.S.C. § 1546)
This is perhaps the most frequent charge I encounter. It occurs when someone makes false statements on their visa application—for instance, claiming they’re visiting for tourism when their real purpose is to give birth. Even seemingly minor misstatements can lead to serious consequences.
Conspiracy Charges (18 U.S.C. § 371)
When multiple people are involved in planning or executing a birth tourism scheme, federal prosecutors often file conspiracy charges. This can include both the expectant parents and anyone who helped facilitate their plans.
Money Laundering (18 U.S.C. § 1956/1957)
If large sums of money change hands to facilitate these arrangements, and those transactions are designed to hide the true nature of the activity, money laundering charges may follow.
Identity Theft and Document Fraud
Using false documents or identities to enter the country or obtain services can result in additional serious charges.
Tax-Related Offenses
Businesses that operate birth tourism services sometimes face tax evasion charges for unreported income.
Beyond Birth Tourism: Other Criminal Charges That Threaten Immigration Status
What many people don’t realize is that seemingly minor criminal charges can have devastating effects on immigration status. I’ve worked with clients who had no idea that a simple drug possession charge could lead to deportation proceedings.
Crimes Involving Moral Turpitude (CIMT)
These are offenses that involve dishonesty or behavior considered fundamentally wrong by community standards. Examples include:
- Theft and fraud offenses
- Certain assault charges
- Some drug-related crimes
A CIMT conviction can make someone deportable, inadmissible to the U.S., or ineligible for naturalization.
Aggravated Felonies
Despite the name, these aren’t always felonies under state law. This broad category includes everything from murder to certain theft offenses where the sentence is one year or more. An aggravated felony conviction triggers mandatory detention and often permanent bars to immigration relief.
Drug Offenses
Even minor drug convictions can be immigration nightmares. I’ve represented clients facing deportation for marijuana possession that would be legal under California law but still carries severe federal immigration consequences.
Domestic Violence and Stalking
California’s domestic violence laws intersect significantly with immigration law. These convictions often qualify as CIMTs or aggravated felonies, leading to removal proceedings.
The Unique Challenges We Face
Defending these cases requires navigating several complex layers:
Dual Jurisdiction Issues
You might face both state and federal charges, each with different laws and potential penalties. Coordinating defense strategies across multiple jurisdictions requires careful planning.
The Intent Question
Many of these cases hinge on proving or disproving criminal intent. Was there genuine intent to defraud, or was it a misunderstanding about requirements?
Complex Evidence
These cases often involve voluminous evidence: travel records, financial transactions, communications, and witness testimony. Every piece must be carefully examined for defensive opportunities.
High Stakes
A conviction doesn’t just mean potential jail time—it can mean permanent separation from family and the life you’ve built in America.
Effective Defense Strategies
After years of handling these cases, I’ve learned that successful defense requires both aggressive criminal defense tactics and careful attention to immigration consequences.
Challenging the Prosecution’s Case
Lack of Criminal Intent
Often, we can demonstrate that our client genuinely misunderstood requirements or acted without criminal intent.
Insufficient Evidence
Prosecutors must prove guilt beyond a reasonable doubt. Sometimes the evidence simply doesn’t meet that high standard.
Constitutional Violations
If law enforcement violated your constitutional rights during investigation or arrest, we can challenge the admissibility of evidence.
Immigration-Safe Plea Negotiations
This is where experience in both criminal and immigration law becomes crucial. I work to negotiate pleas that minimize or eliminate adverse immigration consequences. Sometimes pleading to a lesser charge that isn’t classified as a CIMT or aggravated felony can preserve your immigration status while resolving the criminal case.
Alternative Resolutions
Diversion Programs
Some cases qualify for programs that allow charges to be dismissed upon successful completion of certain conditions, avoiding a conviction record altogether.
Proposition 47/57 Relief
For past convictions, California’s criminal justice reforms sometimes allow us to reduce felonies to misdemeanors, significantly reducing immigration consequences.
Vacating Prior Convictions
Sometimes we can challenge past convictions that are now causing immigration problems, especially if there were constitutional violations in the original case.
Why Specialized Legal Counsel Is Essential
I cannot overstate how important it is to work with an attorney who understands both criminal law and immigration consequences. A well-meaning criminal defense attorney who doesn’t understand immigration law might recommend a plea that seems reasonable from a criminal perspective but destroys your immigration status.
In my practice, I’ve seen too many cases where early intervention could have prevented devastating consequences. The moment you suspect you might be under investigation or if you’ve been arrested, you need an attorney who can protect both your freedom and your future in this country.
Moving Forward: Protecting Your Rights and Your Future
Facing these charges can feel overwhelming, but remember that having charges filed against you doesn’t mean you’re without options. Every case is different, and there are often defensive strategies available that aren’t immediately obvious.
The most important thing you can do right now is protect your rights by getting experienced legal counsel involved immediately. Don’t make statements to law enforcement without an attorney present, and don’t try to “explain” your situation—well-meaning attempts to clear things up often make cases more difficult to defend.
If you’re dealing with criminal charges that could affect your immigration status, time is critical. The decisions made in the early stages of your case can determine whether you’ll be able to stay in the United States with your family or face removal proceedings.
Get the Legal Help You Need Today
I’m Attorney Ibraham Dbouk, and I’ve dedicated my practice to helping people navigate exactly these types of complex legal challenges. If you or a loved one is facing criminal charges with potential immigration consequences in California, I want to help you understand your options and fight for the best possible outcome.
In our free consultation, we’ll review the facts of your case, discuss potential strategies and likely outcomes, and I’ll answer any questions you have about your situation. You don’t have to face this alone, and you don’t have to accept the worst-case scenario.
If you’ve been charged with a criminal offense in California, you need an attorney who knows how to fight for your rights and seek the most favorable outcome possible. I have the experience and expertise to ensure you get the best possible result in your case.
Contact me today:
- Phone: (916) 718-7223
- Email: ihd@dbouklawoffice.com
Don’t wait—your future depends on the decisions you make today. Call now for your free consultation.
