Skip to main content

Filing Bankruptcy will affect my Permanent Resident Status and Citizenship application?

Walnut Creek, CA |

Hi i am currently Permanent Resident and am going through foreclosure process and bank may come after me for Huge Amount which i lost in Home. My lawyer suggested me to file Bankruptcy but he was not sure if it will affect when i file for citizenship in next 2 years.

My question is, if i file for Bankruptcy now:

1) Can USCIS deny Citizenship because i filed bankruptcy in past?
2) Even if USCIS grant me Citizenship will there be any problem in filing for my parents and family to get Green card who are not US Citizens?

Thanks

+ Read More

Attorney answers 6

Posted

Below is a link to a previous discussion on this forum re whether one can sponsor a parent after filing bankruptcy. So long as your income is sufficient to enable you to support the sponsored parent, it doesn't sound like the act of filing bankruptcy would be an impediment. You can also have a joint sponsor, if needed. Best to enlist the help of an immigration attorney to guide you through the process!

The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

Posted

Filing bankruptcy does not affect your immigration status or ability to apply for citizenship. Section 525 of the Bankruptcy Code prohibits discrimination by federal agencies against persons who have filed bankruptcy. I am told by my immigration law colleagues that filing bankruptcy may affect your ability to sponsor relatives who want to immigrate to the United States because to sponsor someone you would normally have to show the ability to financially support them. However, I think your ability or inability to financially support a relative would exist and affect your ability to sponsor them regardless of whether you file for bankruptcy. I recommend you speak to an immigration lawyer before you file for further information on this issue.

The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

Posted

1. Not for that reason
2. You will need to show income high enough to meet the requirements for the affidavit of support.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Posted

Both answers are NO. Filing bankruptcy is a legal remedy to your financial situation.
Sent on the Sprint® Now Network from my BlackBerry

Posted

No, bankruptcy will not affect citizenship. As to the second matter, you will need to show you can provide sufficient support for your parents and family.

Good luck.

This answer is for general public information only. By answering this question, an attorney client relationship is not formed. All individuals seeking specific legal information and advice should seek the counsel of an attorney in their area. If you cannot find an attorney, you should call the local bar association for a referral.

Posted

I agree witht he answers below.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer