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Andy Masaki On 14th Jan,20
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Will your immigration be affected by Bankruptcy?
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Bankruptcy does, obviously, bring up a question of moral behavior and character.

The thought is still very much prevalent, that if a person has filed for bankruptcy, then some ill habits must be the sole reason for the debtor to cross the boundaries of expenses!
In fact, it’s not that bad a thought either. Except businesses, most of the individuals who file for bankruptcy, do have a huge amount of consumer debt, sitting at their back.
And all those consumer debts are mostly made of credit cards, payday loans, and personal loans. Among them, overusing credit cards, and payday loans are a big indication, that the person is not in control of his expenses, and is not working enough to increase his income!
This financial character of a person, does at times speak out a lot about the character, wellbeing, and trustworthiness.
But, can bankruptcy spoil someone’s immigration status?
The questions that are explained in this post, are dealing with the effects that bankruptcy has on a person’s ability to immigrate to and from US! We will also open up, whether or not bankruptcy upsets citizenship, and a non-citizen can file for bankruptcy.

Can Bankruptcy readily influence your status of immigration?

The USCIS states in its N-400 Naturalisation Form, that citizenship and residentship of a person can be affected by back taxes.
However, there is no mention of any negative effects, that debt or bankruptcy can have on immigration status.
The Federal US Bankruptcy Code section 525 implies, that the government will not deny a person citizenship, employment, business, and immigration rights based on a person’s bankrupt status.
But, if the bankrupt is found to have committed a bankruptcy crime, like falsifying asset information, and has lied, related to any subject, on the bankruptcy petition, then the proceedings can get a lot different.
Therefore, if you are found to have been committed such a crime, then you will be suffering consequences related to your immigration status.
Overall, with bankruptcy on your head, you can completely apply for a green card, apply for US citizenship, enter US while being Bankrupt in another country, and leave US after declaring bankruptcy and attending the creditors’ meeting!
Only, you should do everything legally, and by no means provide false information or manipulate the bankruptcy petition for any unethical benefits!

Can you file for bankruptcy being a non resident or non citizen American?

It doesn’t matter whether or not you are a citizen of America, when it comes to bankruptcy.
You can file bankruptcy in USA, if you are a legal immigrant, have a local residence, own at least some property purchased in US, under employment or business in US, and have legitimate reason for filing the bankruptcy petition.
Also, to file for bankruptcy, you must be having a Social Security Number, and/or Tax Identification Number.
Just make sure, you are providing all the information on the petition correctly, without leaving any important fact or asset listing, so as not to commit any bankruptcy crime.

So, you can pretty well see, that bankruptcy has no legal relation with your immigration status, until and unless you end up messing with your bankruptcy form and petition.
Be clear about your filing status, and make sure that you are having all the legal documents supporting your immigration status.
It is highly suggested that you work with professionals and lawyers before making any decision surrounding Bankruptcy, and that too if you have not yet received citizenship status, to be on the safe side.
Read more about Bankruptcy!

Last Updated on: Tue, 14 Jan 2020


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