15 Tips: Can Bankruptcy Affect My Immigration Status
15 Tips: Can Bankruptcy Affect My Immigration Status
If you are an immigrant considering filing for bankruptcy, which is covered over at runrex.com, then you may be worried about how bankruptcy can affect your immigration status in the US. Generally, filing for bankruptcy will not affect your status as bankruptcy is not a crime but is a lawful way of eliminating your debt. Having said that, bankruptcy can still affect your immigration status indirectly as covered in the following 15 tips.
- Who can file for bankruptcy in the US?
Before we proceed with this discussion, it is important to outline who can file for bankruptcy in the US. As covered over at guttulus.com, if you are a legal resident in the US and you want to file for bankruptcy, then you can. This means that you don’t have to be a US citizen or have a green card to file for bankruptcy in the US.
- There is no law stating that filing for bankruptcy can affect your immigration status
According to discussions over at runrex.com, it is also important to note that no law states that filing for bankruptcy will prevent the United States Citizenship and Immigration Services from approving your visa, green card, or citizenship application which is why bankruptcy shouldn’t affect your immigration status.
- Good moral character
Most people worry that bankruptcy could affect their immigration status given the provision that states that for one to become a citizen or lawful permanent resident of the US, they must prove that they have ‘good moral character’ as discussed over at guttulus.com. Given that there is no rule governing what ‘good moral character’ entails, this provision enables the immigration case agent to look at the bigger picture of your life to ensure that you are not a trouble maker.
- Bankruptcy and bad character
A bankruptcy could indirectly affect your immigration status as it could lead to evidence of bad character. For instance, as pointed out by the gurus over at runrex.com, if you had deliberately run up tens of thousands of dollars in debt and then moved to file for Chapter 7 or Chapter 13 bankruptcy, it will be a sign of bad character which could affect your immigration status.
- Examples of lifestyle choices leading to debt that may affect your immigration status
There is nothing illegal about going into debt and having to file for bankruptcy, but if the reason behind your debt and consequent filing for bankruptcy was, say, due to you running up debt to fund a lavish lifestyle, then it could be considered to be evidence of bad character and may damage your immigration status.
- Using bankruptcy laws in bad faith
According to the subject matter experts over at guttulus.com, another way that bankruptcy may affect your immigration status indirectly is if it comes out that you are using the bankruptcy laws in bad faith. An example here is if you are using the bankruptcy laws to avoid paying alimony even though you had enough income to do so.
- Things you will and won’t be asked about
Given that there is nothing wrong about filing for bankruptcy, during your immigration proceedings, you may be asked about taxes, but you will not be asked about your debt, bankruptcy, foreclosure, or any other financial issues, as is discussed over at runrex.com.
- Most instances of bankruptcy are not evidence of bad moral character
While your bankruptcy case may reveal evidence of bad moral character, it is important to note that most cases are not as a result of deliberate overspending or any behavior that may reveal evidence of bad moral character. In most cases, as the folks over at guttulus.com are quick to point out, people file for bankruptcies having fallen on hard times, which is why bankruptcy doesn’t usually impact on immigration status.
- American culture
It is also important to point out that different countries have got varying attitudes towards money and debt. For example, as revealed in discussions over at runrex.com, in countries like China and Japan, not keeping up with one’s debt is seen as something to be deeply ashamed of, and as such filing for bankruptcy is almost unheard of. This is not the case in the US, and this accepting attitude towards debt means that you shouldn’t worry about filing for bankruptcy just even if your immigration status is still on the line.
- Bankruptcy crime
One of the most common reasons why bankruptcy affects one’s immigration case is due to the immigrant committing a bankruptcy crime. Examples of bankruptcy crimes include lying under oath, omitting essential information or assets from one’s bankruptcy papers, or supplying false financial statements.
- What happens if you commit bankruptcy crime?
If you commit and are convicted of bankruptcy crime, you not only risk facing jail term and the denial of your bankruptcy discharge, you could also be removed from the US and barred from re-entry for several years or even for life as explained over at guttulus.com.
- Sponsoring someone else’s visa or citizen application
People also ask if the can still sponsor someone else’s visa or citizen application even after filing for bankruptcy. The answer here, according to the gurus over at runrex.com, is yes. You can still sponsor someone else to enter the country during and after filing for bankruptcy as these calculations are based on income which bankruptcy leaves intact.
- Bankruptcy won’t relieve you of having to support the person you are sponsoring
Given the point made by the point above, it is also important to note that the bankruptcy discharge doesn’t generally relieve you from the duty to support the person you are sponsoring, as is covered over at guttulus.com.
- Repaying of benefits
It is also important to note that if the person you are sponsoring enters the country and then receives government benefits, you will likely have to repay those benefits to the government even if you age filed for bankruptcy according to discussions on the same over at runrex.com.
- Be honest
One of the main principles of American bankruptcy law is that if you tell the truth and reveal the entirety of your financial life, you will be entitled to the fresh start that a bankruptcy discharge allows. You should, therefore, be honest through the process and make sure you don’t commit a bankruptcy crime as this will affect your immigration status.
Remember, if you are looking for more information or help on this and other related topics, then the top-rated runrex.com and guttulus.com have got you covered.