Can filing for bankruptcy affect my immigration status?
Many people come to the United States in search of the American Dream. While hard work and discipline often pay off, there is never a guarantee that life will be easy. It can be expensive to start a new life, between housing, education, and job supplies, and living in a new culture can bring some unexpected differences in costs. The stress of all these adjustments can cause health problems, which is especially difficult without health insurance. Sometimes, despite the best planning, the result can be overwhelming debt. Immigrants may worry that having debt could threaten their immigration status, but the good news is that bankruptcy is a legal option to control debt.
It’s not a crime
Being in debt is not a crime and will not affect your immigration status in any way. In fact, there are only certain very serious crimes that could affect your ability to stay in the US These include:
Domestic violence, stalking, crimes against children, drug or human trafficking
Moral lowliness (deliberate, willful, and reckless conduct that is considered contrary to the rules of morality)
Aggravated crime (murder, rape, sexual abuse of a minor)
Certain firearm offenses
Possess controlled substances
Spy, betrayal, sabotage
As long as you live honestly and do what you can to live within your means and take care of your responsibilities and debts, you won’t have a problem.
Details
Laws in the United States state that you are presumed innocent until proven otherwise, and this also applies to bankruptcy proceedings. All bankruptcy cases are assigned to a Receiver for review, and part of their job is to look for signs of fraud during your 341 Meeting. While the trustee is doing this, they are assuming that you provided honest and correct information. As we prepare your case, we will take every possible step to ensure that all of your documentation is completed accurately and that you have the proper supporting documents.
It is important not to hide assets, submit false or incomplete forms, or resubmit them after they have recently been filed in another state. These actions, in addition to bribing a court-appointed trustee, are considered bankruptcy fraud and this crime could be punishable by high fees, imprisonment, or both. A bankruptcy attorney can help you avoid mistakes in your case, that way you shouldn’t have to think twice about fraud. If you are ever unsure what to include in your case, they can help you figure it out.
A new beginning
It takes courage and dedication to start a new life in a new place, and adding debt on top of everything can be difficult or even scary. If you are in financial trouble, but are unsure of your options due to your immigration status, contact a bankruptcy attorney who deals with immigration law who can help. They can help you explore alternatives to bankruptcy that can preserve your credit, while also discussing how bankruptcy might affect you. Bankruptcy may be the best way to continue building a new life.
