Immigration - Defaulting Personal Loan in Usa, will this affect immigration to USA again?

Generally, only a criminal arrest might have consequences when re-entering the U.S., not a mere default on a loan.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

No, usually such a debt should not be a reason to deny a visa. However, if you worked without a proper visa, then this can be a different challenge. A B-2 visitor visa should not be used to work in the U.S. This may not be an issue.

If a CBP Agent or Consular official has 'reason to believe' that you are disqualified for a visa, then the official can deny entry or a new visa stamp. You should always carefully read loan agreements. A few forms 'may' ask if you are eligible to work on a visa, a permanent resident or U.S. Citizen. 'If you lie,' then you may have committed fraud depending upon the State in which the incident is considered to occur.

It is unlikely, but unclear, that you intentionally commited a crime. Again, such a set of facts and outcome seem unlikely, even if somehow possible. If you intended to pay the loan, and default (cannot pay), then your co-signer, if any, may also have to pay the entire balance.

This is more of a non-immigration issue. If you eventually resume your payments, then it is likely that the bank will appreciate those efforts. However, you can be sued by the bank. The bank can try to take a U.S. Court judgment to your home country courts to enforce it. This depends upon the loan amount. A loan agreement can remain enforceable for years, but it is usually not a crime to be unable to pay a debt. An unpaid debt can effect the score on your credit reports. The use of Choice Point to evaluate your qualification for such a work visa is unlikely, as well.

The above is general information and does not create an attorney-client relationship.

Your loan default will not be a problem. However, if you were out of status, while your request for a visa extension was pending, that may be.