Are Immigrants Allowed To File For Bankruptcy?

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When immigrants come to us for help with their debt they generally have two questions: are they eligible to file for bankruptcy and what effect will filing have on their immigration status?

The answer to the first question is yes. The Bankruptcy Code does not require you to be a U.S. citizen in order to file bankruptcy, so generally debtors can file without regard to their legal status.

For some, this can be confusing—after all, the official forms you fill out do ask you what your Social Security number is. What many people don't realize is that you have three options: provide your Social Security number, provide your tax ID number, or simply state that you don't have a Social Security number (NOTE: this is definitely not the time to lie on any documents, so don't use a fake number or try to use someone else's—read on for how this can affect you).

Filing for bankruptcy does not mean that you are a criminal, it's not a crime. Rather, it means that you are doing what is responsible, for yourself and your family. So while filing bankruptcy generally doesn't affect your legal status in the U.S. or your citizenship application, there are other crimes that will. Crimes of "moral turpitude," (which is basically a formal way of saying a crime where the offender had malicious or evil intent) can cause your application for citizenship to be rejected, and could even result in your deportation.

Why am I telling you this? Fraud is considered a crime of "moral turpitude,"—meaning if you commit bankruptcy fraud, whether on purpose or as the result of a mistake, you land in trouble with the U.S. federal government. Same is true if you attempted to file with a fake or "borrowed" Social Security Number.
Fraud will likely result in denial of your application for citizenship or even your deportation. So while a U.S. citizen would be dealing with the regular consequences of bankruptcy fraud, a noncitizen is likely going to be a little worse off.

It's always important to have an experienced bankruptcy attorney on your side. Even the simplest mistakes can be costly. When speaking with an attorney you are considering for your case be sure to ask how much bankruptcy experience they have. An attorney may offer to take your case, but that doesn't mean they're the best person for the job.

About the Author:
James Brown is a personal bankruptcy attorney in St. Louis, Missouri. He has filed over 30,000 bankruptcy cases and published many books and articles. You can request his free Missouri and Illinois bankruptcy guide for the best tips on how to prepare for your bankruptcy and find a great bankruptcy attorney.



Article Originally Published On: http://www.articlesnatch.com


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