Man Charged with Naturalization Fraud

CHARLOTTE, N.C. – A federal grand jury in Charlotte has returned a criminal indictment charging Sha Bahadur Ghaley, 42, a naturalized citizen from Bhutan, with naturalization fraud, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.

“It is a proud day for most people when they become a naturalized citizen of this great country,” said U.S. Attorney Russ Ferguson. “Those who commit fraud to cheat their way into American citizenship take that opportunity from someone else. That is a federal crime, and we will hold them accountable.” 

“Naturalization fraud threatens the integrity of our immigration system and the trust placed in those who seek U.S. citizenship lawfully,” said Enforcement and Removal Operations (ERO) Atlanta Field Office Director LaDeon Francis. “Through initiatives such as Operation False Haven, ERO will continue working with our federal partners to identify fraud, support criminal prosecutions, and uphold the rule of law.” 

According to allegations in the indictment, between 2010 and 2014, Ghaley committed sexual crimes against a child in Charlotte. He later pleaded guilty to three counts of Taking Indecent Liberties with a Child as a result of those actions. The indictment alleges that, after committing those crimes, Ghaley obtained his U.S. citizenship fraudulently by lying during the naturalization process about having committed a crime or offense for which he had not been arrested (at that time) and failed to admit that, prior to applying for citizenship, he had knowingly committed sexual acts with a child. 

According to the indictment, on December 4, 2017, Ghaley submitted an application for naturalization to U.S. Citizenship and Immigration Services (CIS). The indictment alleges that Ghaley lied on the citizenship application form by responding “No” to questions like “Were you ever involved in any way with … [f]orcing, or trying to force someone to have any kind of sexual contact or relations?” and “Have you ever committed, assisted in committing, or attempted to commit, a crime or offense for which you were not arrested?” Ghaley signed the form under penalty of perjury, and certified that his answers were true and correct. On January 10, 2018, Ghaley appeared at the CIS office in Charlotte for a naturalization interview. During the interview, Ghaley swore under oath that his responses on the naturalization application were true and that he had never committed a crime for which he had not been arrested. Ghaley was then granted U.S. citizenship in July 2018.

In February 2024, Ghaley pleaded guilty to three counts of Taking Indecent Liberties with Children in state court. As part of that conviction, Ghaley was sentenced to serve between 32 and 58 months in prison and was ordered to register as a sex offender for 30 years. Immigration officials were not aware of his criminal actions until after he had gone through the naturalization process. 

Ghaley is currently in state custody and will be ordered to appear in federal court in Charlotte. The maximum penalty for naturalization fraud is 10 years in prison. 

The charges in the indictment are allegations, and the defendant is innocent until proven guilty beyond a reasonable doubt in a court of law. 

In making today’s announcement, U.S. Attorney Ferguson thanked U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO) Division for their investigation of the case and credited Operation False Haven, which led to the charges against Ghaley. False Haven is an ongoing ERO initiative purpose-built to identify individuals who fraudulently obtained U.S. citizenship. 

Assistant U.S. Attorney Kenneth Smith of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.

Civil Denaturalization Actions

The U.S. Attorney’s Office has also filed civil denaturalization actions against three individuals for violating the Immigration and Nationality Act and unlawfully and fraudulently becoming naturalized citizens of the United States. The civil complaints were filed between June and August 2026. 

“For the first time, the United States is comparing fingerprints to identify people who changed their identity to fraudulently obtain citizenship—sometimes decades ago and sometimes after being ordered deported,” said U.S. Attorney Russ Ferguson. “These people take the place of honest people who deserve to be citizens of this great country, and we will continue to work to identify them and file actions to have a court of law denaturalize them.”

“Under the Trump administration, individuals who unlawfully obtain U.S. citizenship will face serious consequences,” said USCIS Director Joseph B. Edlow. “Through strong interagency partnerships, U.S. Citizenship and Immigration Services is helping ensure that those who violate the law are held responsible.”

Under the Immigration and Nationality Act, a naturalized U.S. citizen’s citizenship may be revoked, and certificate of naturalization canceled, if the naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation. 

U.S. v. Benjamin Hernandez – The U.S. Attorney’s Office filed a civil complaint in August against Benjamin Hernandez, a/k/a Luis Elder Alvarado, a Honduran national residing in the Charlotte area, for allegedly committing immigration fraud in his naturalization proceedings. The complaint alleges that Hernandez illegally entered the United States using the alias Lius Elder Alvarado and was subsequently ordered removed in 1999. Hernandez later used the name Bejamin Hernandez in separate immigration proceedings, eventually becoming a naturalized U.S. citizen through marriage to a U.S. citizen in 2008. The United States alleges that the court should issue an order revoking Hernandez’s naturalization because he illegally procured naturalization while he was subject to an outstanding order of removal under the name Luis Elder Alvarado when he applied for adjustment of status; misrepresented his identity and immigration history; committed unlawful acts that adversely reflected on his moral character; and procured his naturalization through willful misrepresentation and concealment of material facts. (3:26-cv-683) 

U.S. v. Han Xiong Chen – A civil complaint was filed in June against Chen, a Chinese national residing in Asheville, seeking his denaturalization for allegedly committing immigration fraud in his naturalization proceedings. It is alleged that Chen illegally entered the United States in 1996, and, after submitting a fraudulent Chinese passport, he was deported six months later. Chen then entered the United States illegally in 1999, using a different date of birth. Chen later obtained permanent resident status and naturalization, continuing to rely on false statements in written applications and during interviews. The United States alleges that the court should issue an order revoking Chen’s naturalization because he procured his naturalized citizenship illegally since he was not a lawfully admitted permanent resident; he procured immigration benefits, permanent residence, and naturalization through fraud and willful misrepresentation; he sought admission into the United States less than 10 years after departing while subject to a final order of removal; he committed unlawful acts that were crimes of moral turpitude and gave false testimony which rendered him ineligible for naturalization. (1:26-cv-189) 

U.S. v. Kevin Yun-Sang Kim – A civil complaint was filed in June against Kim, a Korean national residing in Charlotte, seeking his denaturalization for allegedly committing immigration fraud in his naturalization proceedings. It is alleged that Kim illegally entered the United States and was ordered removed in 1996. The order allowed Kim to voluntarily depart the United States and included an alternate order of deportation to Korea. Kim agreed to depart voluntarily but failed to do so, which transformed his voluntary departure order into a deportation order. The complaint alleges that the deportation order rendered him ineligible for legal status, yet Kim concealed the outstanding deportation order during his naturalization proceedings. The United States alleges that the court should issue an order revoking Kim’s naturalization because he was not a lawful permanent resident when he procured his naturalization; he was not a lawfully admitted permanent resident and not eligible to receive an immigrant visa at the time he filed for a status adjustment; he committed fraud or willfully misrepresented material facts when he sought this status adjustment; he procured immigration benefits, permanent residence, and naturalization through fraud and willful misrepresentation; he gave false testimony and committed unlawful acts that adversely reflected on his moral character; a final deportation order remained in effect when he applied for naturalization; and he procured his naturalization by concealment of material facts and willful misrepresentations. (3:26-cv-434)

These cases are being prosecuted by the U.S. Attorney’s Office’s Civil Litigation Division, with assistance from the U.S. Citizenship and Immigration Services.

The claims made in the complaints are allegations only, and there has been no determination of liability.