Bankrutcy and immigration

I am an attorney who practices both immigration an consumer bankruptcy. Generally speaking, a chapter 7 bankruptcy filing by itself will not directly affect a green card petition. Or to put it another way, simply filing for bankruptcy does not render you inadmissible or excludable.

That being said, you probably would be inadmissible if you to commit fraud in the bankruptcy process (by lying on th ebankruptcy petition or hiding assets) or try to use the bankruptcy to try to get out from under a civil judgement in tort that could also be considered a crime. This is stuff like running over someone with you car, beating someone up or other violent behavior.

Also, I imagine that your I-485 adjustment applicaiton or consular processing would be slower with a bankruptcy filing than without one. Although USCIS does not openly talk about the background check they conduct on intending immigrants, it it reasonable to believe that they will find the bankruptcy filing. While it by itself is not a reason to deny the adjustment or green card, it might flag the file and casue them to dig a little deeper.

I hope this response is helpful and that you can find the relief from both debt and our immigration system.

Rick

PS Be advised that this response is not a substitute for a legal consultation with an attorney licensed in your juridiction and familiar with your case. This response doe not create an attorney-client relationship.