Does Bankruptcy Affect Immigration Status?

File:Dollar-teken.pngWhat happens when an immigrant files for bankruptcy?  Can a foreign national file for bankruptcy?  What consequences are there to immigrant bankruptcies?

The good news is that bankruptcy is generally available to noncitizens.  Possible bankruptcy consequences follow:

Applying for Citizenship

Filing for bankruptcy will not automatically derail a citizenship application.   However, any fraudulent activities that result in a bankruptcy (such as identity theft or tax evasion) may result in an applicant becoming removable from the United States.

Immigrants and Bankruptcy

An immigrant seeking to become a permanent resident (green card holder) must demonstrate “good moral character.”  Bankruptcy will not automatically derail a permanent residency application, however filing the bankruptcy application will not have a positive impact on an immigrant’s status.

Conclusion

If you are an immigrant and are seeking to gain an immigration benefit, it is best to ensure that you continue to pay your required taxes.  In addition, it is best to contact a NYC immigration attorney to ensure your eligibility.

 

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