Naturalization, coming from Belarus

Asked about 5 years ago - Maryland

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.

Attorney answers (3)

  1. Maria Fuster Glinsmann

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . 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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  2. David Nabow Soloway

    Contributor Level 17

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    Lawyer agrees

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    Answered . 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.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Poorak, PC
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

  3. Angela Dee Bortel

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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.

    Angela Bortel
    Sole Member and Attorney
    The Bortel Firm, LLC
    701 4th Ave. S., Ste. 500
    Minneapolis, MN 55415
    www.bortelfirm.com
    info@bortelfirm.com
    612.208.7228

    Admitted to practice in California and Minnesota

    Consultations available in person, by telephone and now by Skype!

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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