Birth tourism conviction means time served, likely deportation for Chinese woman in Irvine

A Chinese woman living in Irvine was sentenced Monday to a 10-month prison term in what is believed to be the first sentence handed to a birth tourism operator helping foreign nationals commit immigration and visa fraud so they can have American babies.

Dongyuan Li, 41, was released from jail late Monday, Dec. 16, for time already served. She has been imprisoned since her arrest on Jan. 31.

Federal prosecutors sought a sentence of several years and expressed disappointment that Li was free. They said they plan to begin deportation proceedings immediately.

“We’re not happy with it,” said Daniel Showalter, supervisory special agent for Immigration and Customs Enforcement in Los Angeles. “But it’s not going to stop us from aggressively pursuing immigration violations and fraud.”

Li’s attorney, Thomas O’Brien, said he was pleased for his client, who faced a possible maximum sentence of 15 years.

“She’s going home,” O’Brien said. “She’s a mommy.”

Li is a mother to four children. Three of them, a two-year-old boy and six-year-old twin girls, were born in Southern California when Li arrived as a birth tourism customer herself. The three American children have since been taken to China to be with their father, Qiang Yan, a family friend said Monday.

Yan, who was also indicted a year ago, previously fled the country.

Meanwhile, Li’s teenage daughter and mother – both Chinese nationals – are living in Irvine and were in court Monday.

The sentence comes nearly five years after some 200 federal agents raided homes and apartment complexes across Orange, Los Angeles and San Bernardino counties to crack down on the lucrative and controversial industry known as “birth tourism.”

Three companies operating out of Irvine, Rancho Cucamonga and Rowland Heights were hit with search warrants, but most of the operators and customers charged in that crackdown have fled the country. The operators of another company, “USA Happy Baby Inc.” in San Bernardino remain free on bonds of $250,000 and await trial.

Li’s company, You Win USA Vacation Services Corporation, did business with pregnant Chinese women who wanted to come to the United States to give birth. The company, which advertised in China, offered packages for up to $80,000 that included U.S. accommodations, food and entertainment, with trips to Disneyland and visits to the mall.

While it is not illegal for a foreign national to come to the U.S. to give birth, it is illegal to lie on a visa application about the purpose of one’s visit. In addition to its other services, Li’s company also counseled its customers on how to avoid having their pregnancies questioned by U.S. Customs officials.

On Sept. 17, Li pleaded guilty to two counts: conspiracy to commit immigration fraud and visa fraud. As part of a plea agreement, she agreed to forfeit a residence in Murrieta worth more than $500,000, several vehicles, and cash, totaling about $1 million.

In seeking a longer sentence, prosecutors said Li engaged in a “level of criminal sophistication” that merited a stronger punishment and would serve as a deterrence to others.

“It wasn’t just the lies on the visa application,” Assistant U.S. Attorney Charles Pell told U.S. District Court Judge James Selma in Santa Ana during a sentencing hearing Monday, Dec. 16.  Documents show, for example, that women were advised to fly through Hawaii instead of Los Angeles International Airport to avoid greater scrutiny by U.S. Custom agents.

“This was an international immigration fraud scheme,” Pell said.

O’Brien, Li’s attorney, said she admitted to helping seven clients lie on their visa applications. But he insisted her role in the “You Win” business was trumped up by the government and that visas were often secured by others.

O’Brien also asked the judge to take into account what he termed a “near-death experience” that Li suffered while in custody.

Earlier this year, correctional officers left Li and another inmate in a sweltering, closed-off van for more than four hours following a court hearing. Santa Ana correctional officers forgot about Li, who was handcuffed and chained at the wrists, waist and ankles, while the temperature outside hovered around 84 degrees, according to court records filed by her attorney. An officer responded when he heard her banging against the van, O’Brien said. Li was taken by ambulance to a hospital, where she remained for about 30 hours, he said.

In a letter to the judge read Monday, Li expressed remorse, apologized and said she wants to reunite with her family.

“I am very sorry for the mistakes that I have made,” Li wrote. “I truly sincerely apologize for any harm that I have caused to the American society.”