Man Charged with Naturalization Fraud; Three Others Face Denaturalization

CHARLOTTE, N.C. - A federal grand jury in Charlotte returned a criminal indictment charging Sha Bahadur Ghaley, 42, a naturalized citizen from Bhutan, with naturalization fraud. 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 U.S. Attorney's Office for the Western District of North Carolina made the announcement. U.S. Citizenship and Immigration Services supported several of the investigations.

"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, USCIS is helping ensure that those who violate the law are held responsible."

Indictment against Sha Bahadur Ghaley

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According to allegations in the indictment, Ghaley committed sexual crimes against a child in Charlotte between 2010 and 2014, conduct for which he later pleaded guilty to three counts of taking indecent liberties with a child. The indictment alleges that Ghaley fraudulently obtained U.S. citizenship by making false statements during the naturalization process, including denying that he had committed any crime or offense for which he had not been arrested and failing to disclose that, before applying for citizenship, he had knowingly committed sexual acts with a child.

According to the indictment, Ghaley applied for naturalization to USCIS on Dec. 4, 2017. The indictment alleges that Ghaley lied on the application by denying he had ever forced or attempted to force another person to engage in sexual contact or relations, and that he had ever committed, assisted in committing, or attempted to commit a crime or offense for which he had not been arrested. He signed the application under penalty of perjury, certifying that his answers were true and correct. Ghaley appeared for his naturalization interview at the USCIS office in Charlotte on Jan. 10, 2018, and swore under oath that the responses in his naturalization application were true and that he had never committed a crime for which he had not been arrested. Ghaley was granted U.S. citizenship in July 2018.

In February 2024, Ghaley pleaded guilty to three counts of taking indecent liberties with children. He was sentenced to serve 32 to 58 months in prison and ordered to register as a sex offender for 30 years. Immigration officials were not aware of his criminal actions until after he had completed 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.

Civil Denaturalization Actions

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. The following civil complaints were filed between June and August:

U.S. v. Benjamin Hernandez - The U.S. attorney's office filed a civil complaint in August seeking to revoke the naturalization of Benjamin Hernandez, also known as Luis Elder Alvarado, from Honduras and residing in the Charlotte area, based on alleged fraud in his naturalization proceedings. According to the complaint, Hernandez illegally entered the United States using the alias Luis Elder Alvarado and was ordered removed in 1999. The complaint further alleges that Hernandez later used the name Bejamin Hernandez in separate immigration proceedings and became a naturalized U.S. citizen in 2008 through marriage to a U.S. citizen. The complaint alleges that Hernandez illegally obtained naturalization because he was subject to an outstanding order of removal under the name Luis Elder Alvarado when he applied for his Green Card; misrepresented his identity and immigration history; committed unlawful acts that adversely reflected on his moral character; and obtained his naturalization through willful misrepresentation and concealment of material facts.

U.S. v. Han Xiong Chen - The U.S. attorney's office filed a civil complaint in June seeking to revoke the naturalization of Han Xiong Chen, a Chinese alien residing in Asheville, based on alleged fraud in his naturalization proceedings. According to the complaint, Chen illegally entered the United States in 1996, and, after submitting a fraudulent Chinese passport, was deported six months later. The complaint further alleges that Chen reentered the United States illegally in 1999 using a different date of birth. Chen later obtained lawful permanent resident status and naturalization, continuing to rely on false statements in written applications and during interviews. The complaint alleges that Chen illegally obtained naturalization because he was not a lawfully admitted permanent resident; obtained immigration benefits, lawful permanent residence, and naturalization through fraud and willful misrepresentation; sought admission to the U. S. less than 10 years after departing while subject to a final order of removal; committed unlawful acts that were crimes of moral turpitude; and gave false testimony that rendered him ineligible for naturalization.

U.S. v. Kevin Yun-Sang Kim - The U.S. attorney's office filed a civil complaint in June seeking to revoke the naturalization of Kevin Yun-Sang Kim, from Korea and residing in Charlotte, based on alleged fraud in his naturalization proceedings. According to the complaint, 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 converted his voluntary departure order into a deportation order. The complaint alleges that the outstanding deportation order rendered Kim ineligible for legal status, but that Kim concealed the order during his naturalization proceedings. The complaint alleges that Kim illegally obtained naturalization because he was not a lawfully admitted permanent resident; was not eligible to receive an immigrant visa at the time he filed for a Green Card; committed fraud or willfully misrepresented material facts when seeking adjustment of status; procured immigration benefits, permanent residence, and naturalization through fraud and willful misrepresentation; gave false testimony and committed unlawful acts that adversely reflected on his moral character; remained subject to a final deportation order when he applied for naturalization; and procured naturalization by concealment of material facts and willful misrepresentations.

Assistant U.S. Attorney Kenneth Smith of the U.S. Attorney's Office in Charlotte is in charge of the prosecution against Ghaley. The civil denaturalization cases are being prosecuted by the U.S. Attorney's Office's Civil Litigation Division, with assistance from USCIS. The claims made in the complaints are allegations only, and there has been no determination of liability.

To report suspected immigration benefit fraud or abuse to USCIS, please use the USCIS Tip Form.

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