Defendant Sara Arcelia Salcido was in the business of obtaining visas for her clients that would allow them to stay in the United States legally. The Immigration Consultants Act (Bus. & Prof. Code, §§ 22440–22449) (Act) makes it illegal for a person to act as an “immigration consultant” unless they pass a background check and file a bond. Defendant failed to comply with these provisions.
Defendant was convicted on one count of unlawfully engaging in the business of an immigration consultant, a misdemeanor. (Bus. & Prof. Code, §§ 22440, 22441.) The prosecution argued that each time defendant took money from a client in exchange for providing immigration services, she was committing theft by false pretenses, because she was not a legally qualified immigration consultant under state law. The trial court agreed convicting her on six counts of grand theft (Pen. Code, §§ 484, 487, subd. (a)) and two counts of petty theft (Pen. Code, §§ 484, 488. Defendant was placed on probation for five years. On appeal, Salcido argued that Federal Law preempted state regulation.