As I recently wrote, you don’t have to be a U.S. citizen to file bankruptcy in the United States.
Just like many U.S. citizens, there are many non-citizens living legally in the United States who are drowning in debt and contemplating filing bankruptcy. One big difference between the two groups is that many of the non-citizens worry that filing bankruptcy could hurt their immigration status.
The good news for non-citizens is that filing a bankruptcy generally will not affect immigration status or citizenship applications. Immigration papers do not ask if you have every filed bankruptcy and bankruptcy documents do not ask about your citizenship or immigration status.
The things that may negatively impact immigration status are criminal activity and other evidence of negative moral character.
It’s not a crime to file bankruptcy. In fact, filing bankruptcy is a perfectly legal and common way to deal with serious debt problems.
And while in times past the act of filing bankruptcy may have been considered an act of questionable moral character by some, with over one million consumer bankruptcy cases being filed on an annual basis these days, bankruptcy has become a common, accepted practice.
Certain criminal activity will mandate a non-citizen’s deportation. And crimes evidencing moral turpitude such as issuing fraudulent checks, fraudulent credit card use, or providing fraudulent information to the federal government (such as by filing inaccurate bankruptcy documents) could negatively impact a non-citizen’s immigration status.
Therefore, it is extremely important to be absolutely truthful when completing and filing bankruptcy documents.
If you’re an honest, non-citizen who has serious debt problems, bankruptcy may be a good option for you. Bankruptcy can open the door to a better financial situation and a brighter future. Bankruptcy can help you get out of debt so that you can become a productive member of society who is less likely to look to the government for financial assistance. The United States government understands this and therefore bankruptcy can actually work to benefit a non-citizen who is seeking to become a U.S. citizen.
If you’re struggling with debt problems and would like to know more about how bankruptcy may be able to help you, contact me today to schedule a FREE initial consultation. Just fill out the Contact Dan form on the far right side of the page and click the Submit button and I’ll get back with you as quickly as I can. Or simply pick up the phone and call me at 918-615-8260. I’ll answer all of your questions and give you straight answers on the pros and cons of bankruptcy as related to your specific situation.
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