Hi, I am GCH for 10 years, coming from Belarus. As you know, the country with the authoritarian regime, where people who somehow support the oppostion got persectued, and faked cases fabricated just to catch people put them in prison or kill.
The same, a case was fabricated for me for allegedly some fraud things, just because I financially supported the oppostion at that time. When i immigrated to US the reason was also persecution but also business. I had invested a great amonth of money in a US business. My question is: As I am intending to submit my document for naturalization, will that fabricated case pending in Belarus have an influence on my possibility to get the documents. The case was opened on me after 8 years after I left the country. I would apreciate your advice.
If the criminal case in Belarus was initiated against you eight years after you left that country, it may be difficult for you to even confirm that the charges genuinely were filed, or genuinely were against you, and of course it may be difficult to obtain official documents to be used in the naturalization process.
If, however, you know of charges against you, it will be necessary to reveal that information to the USCIS inthe naturalization process. Charges properly shown to be just of a political nature generally do not stand in the way of successfully naturalizing. This type of complication clearly needs careful attention from an immigration attorney.
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David N. Soloway
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The case becomes relevant for your Application for Naturalization possibly if the case is based on charges for any sort of criminal activity. The fraud question on the Application for Naturalization only deals with immigration fraud i.e. did you lie to get an immigration benefit. If the case against you in Belarus constitutes criminal charges then the burden is on you to provide certified copies of 1) charges, 2) plea, 3) disposition and 4) sentence if any. If the case against you in Belarus does not constitute criminal charges, I don't see how the civil case would come up in the context of your Application for naturalization.
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I agree that this could become an issue at your naturalization. The burden is on you to demonstrate that you are eligible. You should attempt to obtain the documents of the charges and perhaps consider the testimony of an expert to explain the political nature of the charges in light of Lukashenko's repressive regime.
Please consult with an immigration attorney experienced in addressing such issues prior to filing. The attorney will help you draft the papers, and most importantly, prepare for the interview.
I have handled many cases from Belarus. Please feel free to contact me for a consultation if you are interested.
I strongly advise consulting with an immigration attorney before filing any papers with immigration, particularly if the person for whom you are filing has any past negative immigration or criminal history and is in the United States. There is always a risk of removal from the United States.
Good luck to you.
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