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If my husband file chapter 13 affect the immigration process of filing for me?

Atlanta, GA |

My husband is about to loose his house and was advice to file chapter 13 to save it. Now we would like to know if this process will affect him filing for me for permanent residency.

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Attorney answers 3


if he has sufficient income to meet the poverty guidelines, it should not.

Patrice Dziire
Law Offices of Patrice Dziire


US citizen spouses who petition foreign nationals for legal permanent residency based on marriage must demonstrate that the foreign nationals will not become public charges. This is demonstrated by signing an Affidavit of Support and providing evidence of the US citizen's current working conditions, salary, and other assets. When the US citizen cannot meet the minimum requirements for an Affidavit of Support, a joint sponsor can be used.

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Elizabeth R. Blandon


This information supplements information provided in the previous responses to your question. I am sorry to learn about the foreclosure and bankruptcy issues your family faces, but I hope it will be a comfort to know that bankruptcy will not make your husband ineligible to petition for you to obtain immigration benefits. Most likely it will be necessary to secure a joint sponsor for an adjustment of status petition, and most any U.S. Citizen or Lawful Permanent Resident with sufficient income who is willing to be a joint sponsor may do so.

[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, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345
404-320-7000 * 1-877-232-5352 *

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