Posted on
June 8, 2009
at
6:11 am
I am a green card holder and have been living and working in the US for years...with the latest financial crisis, I have gotten in so much debt, that I am contemplating filing bankruptcy--I am just wondering if it would affect my immigration process (citizenship)--if so then what other options are there for me to get back at my feet?
Posted on
June 8, 2009
at
6:15 am
I am not a bankruptcy nor an immigration lawyer but as far as I know there is no immigration law or any U.S. law that states that if an applicant filed bankruptcy, he/she would be denied a green card or citizenship. Another good news is that there is no field in the application for naturalization form (Form N400) that asks if an applicant has filed bankruptcy or not.
Posted on
June 8, 2009
at
6:21 am
Just to add to doubleickey24's comment the only thing that's remotely related to this question is, if you failed to file a tax return (but it's not really going to affect the immigration process) which if you filed bankruptcy, doesn’t mean that you also fail to pay taxes or your tax return.
Posted on
June 8, 2009
at
6:25 am
I believe you are referring to Part 10, Section A, questions 4 and 5. Question 4 of Form N-400, Application for Naturalization which states: "since becoming a lawful permanent resident, have you ever failed to file a required Federal, state, or local tax return?" and"do you owe any Federal, state or local taxes that are overdue."
Posted on
June 8, 2009
at
6:28 am
Thank you sir, I believe I am, and just to add to what I've said--if you answer "yes" to those questions, all you have to do is provide a specific explanation as to why that was your answer and also it would help if you can come up with supporting documents just to prove that you are of good moral character.
Posted on
June 8, 2009
at
6:34 am
Speaking of good moral character, according to the Pursuant to Immigration and Nationality Act section 324(b), the applicant must show good moral character for not less than five years immediately after the date of filing an application for naturalization and up to the time of admission to citizenship.The Department of Homeland Security also looks into the applicants claims of good moral character on a case-to-case basis and depending on his/her community of residence.
Posted on
June 8, 2009
at
6:36 am
Oh thank you so much for all of those input! I really appreciate them...are there any other acts that I should watch out for?
Posted on
June 8, 2009
at
6:41 am
This is actually remotely related to bankruptcy but shouldn't really concern you if you are not in it, just giving you a heads up:According to 8 Code of Federal Regulations 8 C.F.R. § 316.10(b)(3) if you willfully fail or refuse to pay child support, that is an evidences of poor moral character. Especially if you file bankruptcy hoping to discharge child support obligation, which would not really be discharged.
Em Rep Points:
Posted on
June 8, 2009
at
6:48 am
Bear in mind though that when you file bankruptcy (or any court proceedings) do not transfer any money or property to anyone unless it is for normal payments, transactions with regards to your living expenses. Also make sure that all of your income is reported to the IRS on tax returns. Just avoid committing Crimes of “moral turpitude” or anything to do with fraud because even if it doesn't affect your immigration status...it could have you deported.
