Naturalization Fraud charges against a Bhutanese-born naturalized citizen and civil lawsuits targeting three other naturalized citizens were announced by U.S. Citizenship and Immigration Services on September 23, 2026.
Table of Contents
Naturalization Fraud Update
The naturalization fraud allegations and civil lawsuits were brought in or around Charlotte, North Carolina, by the U.S. Attorney’s Office for the Western District of North Carolina, with investigative or litigation support from USCIS.
The announcement includes one criminal naturalization fraud case and three separate civil actions.
Officials emphasized that the naturalization fraud charge has not been proven and that the civil complaints do not establish liability.
What USCIS announced on September 23
USCIS said a federal grand jury in Charlotte indicted Sha Bahadur Ghaley, 42, a naturalized citizen from Bhutan, on a charge of naturalization fraud.
According to the indictment described by federal prosecutors, Ghaley applied for naturalization on December 4, 2017, and denied committing crimes for which he had not been arrested.
The indictment also alleges that he denied ever forcing or attempting to force another person to engage in sexual contact or relations.
Ghaley appeared for his naturalization interview at the USCIS office in Charlotte on January 10, 2018, and allegedly repeated that his application answers were accurate and that he had not committed an undisclosed crime.
He became a U.S. citizen in July 2018.
In February 2024, Ghaley pleaded guilty in state court to three counts of taking indecent liberties with children.
He received a sentence of 32 to 58 months in prison and was ordered to register as a sex offender for 30 years.
The federal naturalization fraud allegations concern underlying conduct that occurred in Charlotte between 2010 and 2014, before Ghaley applied for citizenship.
Ghaley remains in state custody and is expected to appear in federal court in Charlotte.
Naturalization fraud carries a maximum penalty of 10 years in prison under the federal charge described by prosecutors.
The indictment is an accusation, not a conviction, and Ghaley is presumed innocent unless proven guilty beyond a reasonable doubt.
Three people face separate denaturalization cases
In addition to the criminal indictment, federal prosecutors filed civil complaints between June and August 2026 seeking to revoke the naturalization of three other people.
The naturalization fraud case is separate from the civil denaturalization actions, which involve different defendants and allegations.
A denaturalization action is a civil case in which the government asks a federal court to set aside a person’s naturalization and cancel the related certificate.
The three cases involve allegations that the defendants concealed prior immigration problems, used false identities or dates of birth, or made material misrepresentations during immigration and naturalization proceedings.
Those allegations raise naturalization fraud concerns, but the civil complaints remain allegations rather than findings of liability.
Benjamin Hernandez
The government’s complaint against Benjamin Hernandez, also known as Luis Elder Alvarado, alleges that he entered the United States unlawfully under the alternate name and was ordered removed in 1999.
Prosecutors allege that Hernandez later used the name Benjamin Hernandez in separate immigration proceedings and became a naturalized citizen in 2008 through marriage to a U.S. citizen.
The complaint claims he concealed his identity and immigration history, remained subject to an outstanding removal order when seeking a Green Card, and committed conduct that allegedly affected his eligibility for naturalization.
Han Xiong Chen
The complaint against Han Xiong Chen alleges that he entered the United States unlawfully in 1996 after presenting a fraudulent Chinese passport and was deported about six months later.
Prosecutors further allege that Chen reentered the country unlawfully in 1999 using a different date of birth.
The government claims Chen later obtained lawful permanent residence and naturalization while continuing to rely on false information in written applications and interviews.
The complaint also alleges that he was not lawfully admitted as a permanent resident, committed acts involving moral turpitude, and gave false testimony that made him ineligible for citizenship.
Kevin Yun-Sang Kim
The government’s complaint against Kevin Yun-Sang Kim alleges that he entered the United States unlawfully and was ordered removed in 1996.
The order initially allowed voluntary departure and included an alternative deportation order, but prosecutors allege that Kim did not leave as required.
According to the complaint, the voluntary departure order then converted into a deportation order.
The government alleges that Kim concealed the outstanding order during later immigration and naturalization proceedings.
The complaint claims that Kim was not eligible for lawful status or naturalization and obtained immigration benefits through fraud, willful misrepresentation, concealment of material facts and false testimony.
How denaturalization works
Federal law allows the government to seek revocation of naturalization when citizenship was illegally obtained or was obtained through concealment of a material fact or willful misrepresentation.
A naturalization fraud claim may be addressed through the same federal court process when the government alleges that citizenship was obtained through material misrepresentation or concealment.
The government must bring the case in federal court, where the allegations can be contested.
A civil complaint begins litigation but does not itself revoke citizenship.
The court must determine whether the legal requirements for denaturalization have been met.
If naturalization is revoked, the cancellation generally takes effect as though the original naturalization order had been invalid from the beginning.
That means the case can affect the person’s underlying immigration status and may lead to additional immigration proceedings, depending on the facts and the government’s separate actions.
Denaturalization is different from the loss of citizenship by a person who was born a U.S. citizen.
The cases announced by USCIS involve naturalized citizens and allegations that the citizenship process was unlawfully or fraudulently obtained.
Why the cases matter for naturalization applicants
Naturalization applicants must provide complete and truthful information about their identity, immigration history, criminal history and conduct relevant to eligibility.
Applicants also certify that their written answers are accurate and must answer questions truthfully during the USCIS interview.
A prior arrest is not the only information that may matter.
The naturalization fraud allegations in the Ghaley case illustrate the legal risk of failing to disclose conduct that an applicant believes did not result in an arrest or conviction at the time of filing.
Applicants with arrests, charges, convictions, dismissed cases, immigration violations, prior removal orders or identity discrepancies should obtain qualified legal advice before filing or attending an interview.
They should not assume that an old case, a record sealed under state law or a prior name used in immigration documents can be omitted from a federal immigration application.
What applicants and citizens should do
People preparing a naturalization application should review their complete immigration and criminal records before submitting Form N-400.
They should keep copies of filings, supporting documents and correspondence submitted to USCIS.
Anyone who discovers a potential error in a pending application should promptly discuss the issue with an immigration attorney or accredited representative.
Individuals who receive a federal civil complaint should not ignore it because court deadlines may apply.
They should seek advice from a licensed attorney who handles federal immigration litigation and denaturalization matters.
Suspected immigration benefit fraud, including possible naturalization fraud, can be reported through the USCIS Tip Form, although submitting a tip does not determine whether the government will open an investigation or file a case.
Cases remain unresolved
The Ghaley naturalization fraud matter is a criminal prosecution, and the government must prove the charge beyond a reasonable doubt.
The Hernandez, Chen and Kim matters are civil denaturalization cases, and the allegations in those complaints remain unproven.
USCIS said it supported several of the investigations and that the civil cases are being handled by the U.S. Attorney’s Office’s Civil Litigation Division with agency assistance.
The related Justice Department announcement was issued on September 18, 2026, before USCIS published its September 23 release.
Frequently Asked Questions
What is naturalization fraud?
Naturalization fraud generally involves obtaining U.S. citizenship through false statements, concealment of material facts or other unlawful conduct during the immigration or naturalization process.
Can the government revoke a naturalized citizen’s citizenship?
Yes. The government may ask a federal court to revoke naturalization when citizenship was illegally procured or obtained through concealment of a material fact or willful misrepresentation.
Does a denaturalization complaint immediately cancel citizenship?
No. A civil complaint starts a federal case. Citizenship is not revoked unless the court grants the government’s request or another legally authorized process applies.
What should someone do after discovering an error on a naturalization application?
The person should promptly consult a qualified immigration attorney or accredited representative, especially before an interview or if the issue involves criminal history, identity, prior removal or immigration fraud.
Fact-Checked: Reported from the USCIS release dated September 23, 2026, the related Justice Department announcement dated September 18, 2026, and 8 U.S.C. § 1451; all criminal and civil allegations remain unresolved.
Disclaimer: This article is for general informational purposes and is not legal advice. Individual immigration cases require advice from a qualified attorney or accredited representative.
New Minimum Wage In Canada and 5 Provinces, Effective April 1
