Does Filing for Bankruptcy Affect Someone’s Immigration Status?

With so much attention on enforcement of immigration laws, individuals seeking United States citizenship through the naturalization process and other green-card holders might wonder if they are eligible to obtain bankruptcy protection. Fortunately, this form of relief from overwhelming debt is available to non-citizens. 

According to federal law, anyone who resides, or is domiciled in the United States, may seek bankruptcy relief. Whether you’re an immigrant or not, it’s critical to remember that bankruptcy is not any indication or admission that the filer has done something wrong. Accordingly, bankruptcy typically does not automatically bar a person from obtaining a visa, a green card or U.S. citizenship. 

Still, certain issues related to a bankruptcy could affect a person’s immigration status. If financial problems stem from criminal or fraudulent activity, that could lead to questions about whether an applicant has the “good moral character” required for citizenship. For example, someone might be deeply in debt due to civil lawsuits or criminal penalties arising from misconduct. This would likely draw scrutiny from the U.S. Citizenship and Immigration Services (USCIS). 

It is understandable for an immigrant to believe that seeking bankruptcy protection will cause their visa or lawful permanent resident (green card) application to be denied due to the public charge rule. However, this is not the case. Bankruptcy in and of itself does not disqualify someone from their desired immigration status. An immigrant who is sponsored by a family member through an affidavit of support remains so even after a Chapter 7 or Chapter 13 filing. 

As with any matter concerning USCIS matters, public charge standards can change based legal developments and shifting immigration priorities. You should go over the facts of your case with a qualified immigration lawyer before making a final decision regarding your debt issues. From there, you can speak with a bankruptcy attorney who will outline the necessary steps and advise on what your life will be like after the legal proceeding is complete. 

Jeff Field & Associates handles a wide range of complex bankruptcy matters for clients across Georgia. Whether you’re concerned about the effect of potential bankruptcy on your immigration status or have a different type of question, please call 404-381-1278 or contact us online for a consultation. We have locations in Douglasville, Gainesville, Bogart, Lawrenceville, Marietta and Decatur.