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Immigraiton Law Question: Bankruptcy and Green Card

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  • Immigraiton Law Question: Bankruptcy and Green Card

    Hi, does any one know - if a legal alien files for personal bankruptcy (chapter 7 or 13), will that have any negative effect on his/her immigration efforts? Does the INS care?

  • #2
    Hi, does any one know - if a legal alien files for personal bankruptcy (chapter 7 or 13), will that have any negative effect on his/her immigration efforts? Does the INS care?


    • #3
      Do you have full green card or conditional one?


      • #4
        No green card yet, final stages - I485's been filed. So conditional, I guess. Does it matter?


        • #5
          I don't think it matters but why don't you pay what you have to, because aliens like you jeopardize others who come to this country and work hard and pay our bills...


          • #6
            Thanks for the advice. And don't be a ****, please. You don't know me or my circumstances.


            • #7
              The post has been deleted by the administrator for violating the discussion board rules.


              • #8

                How long have you been married? It depends on how long you have been married at the time of I-485 interview whether you will get Conditional or Permanent Green Card.

                I-485 interview is where they check income.
                It is NOT wise to show bankruptcy or any debt at this interview.
                Sweet Madame Belu


                • #9
                  Filing a bankruptcy won't affact your immigration status/case at all, even though Bankruptcy is a Federal matter like Immigration. Since you are already a conditional resident then trying to discharge even some debts [like medical bills], which were obtained from State govt. or Federal govt, won't be matter now. But it is very important for those people, who have obtained public assistant before becoming a conditional resident. INS would definately deny AOS if someone has received public assistant BEFORE becoming a resident [conditional or permanent] of United States.

                  Now, as far as backruptcy goes, you should remember two things very clearly-

                  [1] As you know, the trustee, who will preside over yr case, is part of Dept. of Justice. And INS is also a part of Dept. of Justice. Everyone who files for bankrupcty, must have to go in front of assigned trustee at least once. The trustee may ask you to show actual social security card, and if somebody's social security number has some kind of notation, then trustee may ask their immigration status. In yr case, it's okay because you are conditional resident, but it not good for those who are illegals. I've seen many illegals, who got away from their bills in the past thru filing bankruptcy, but now Mostly trustee ask to see actual social security card in person to make sure that you are the person, whom that social security number is issued. Keep in mind that bankruptcy law does not discriminate based upon nationalities or legal status. However, the information that I've provided here is just to protect illegals from deportation, because trustee may inform INS if s/he finds bankruptcy petitioner illegals here, because s/he is part of the Dept. of Justice.

                  [2] The biggest problem in yr case is- if you ever obtained any debt thru fraud or criminal act, then you may run into problem. Like criminal prosecution and deportation. How and why? Let me tell you then. I am awared of a case, wherein a legal permanent resident filed the bankruptcy. During the bankruptcy proceedings, her creditors objected and fought that her bankruptcy petition should not be granted because she obtained debts from them thru fraud, like she wrote them checks as a payment to her credit cards bills, but those checks were never honored by her bank. But credit companies gave the credit back to her after receiving the checks from her without knowing that her checks would be cleared or not. So, she took the credit again after sending them checks. So, she committed fraud. In additon, she lied on the credit applications to get credit about some materialistic information that made the creditors to grant her credits. So, her bankruptcy application was anyhow denied, but she was prosecuted too for those bad checks and other frauds against the companies. She got convicted. INS took over from there. She was deported then, since after being a resident, there is a ZERO TOLERANCE policy for any crime committed. So, be sure that you are not in this kind of situation wherein you obtained some debts thru fraud, otherwise you will be okay. Good Luck.


                  • #10
                    Thank you for such a thoughtful reply, Sammy. I've been wrecking my brains trying to decide what to do and your information is very hepful.


                    • #11
                      Sammy, are you saying the LPR's filing for bankruptcy brought on her deportation, otherwise she may not have been deported at all?
                      Sweet Madame Belu


                      • #12

                        Yes, you are right that I am saying that filing the bankruptcy made her deported in her case. Why? In this particular case that I quoted above, the person did not get deported because she filed for bankruptcy, instead she got deported because she got convicted of fraud. A fraud that came into light only after filing bankruptcy case. Because, during her bankruptcy proceedings, it came to light that she obtained some debts thru fraud, and then her creditors contacted the prosecutors for those fruads. She got convicted, and those convictions caused her deportation. If there was no fraud, then filing the bankruptcy would not have any problem for her. As you know-bankruptcy laws don't discriminate based upon legal status or nationalities or etc. That means- even illegals can file for bankruptcy, but then illegals can be detained and deported if trustee would ever find about the status of illegals, because trustee is part of Dept. of Justice, like INS. So, a person can still file bankruptcy, but cannot stop his/her deportation if s/he illegals here.


                        • #13
                          Anyone can file bankruptcy as long as they hold a social security number or a taxpayer identification number. I deal with bankruptcy all of the time in my line of work. I'm not an expert, but it seems highly unlikely that bankruptcy would affect someone's immigration status in most cases. A person needs a sponsor in most cases, so I would assume that it would actualy be more detrimental if the sponsor in a pending case filed bankruptcy than if the alien did.
                          If at all possible, try to make arrangements with your creditors to pay your bills off in payments instead of filing bankruptcy. Do not wait until you are in collections, because most collection agency's will not accept small payments. If at all possible, make your payments using money orders instead of personal checks. NEVER send a personal check to a collection agency.

                          [This message was edited by Glühbirne on December 18, 2003 at 10:37 PM.]
                          Have a nice day


                          • #14
                            My advice, although perhaps not directly, does pertain to the question. What is wrong with me cautioning this person not to file bankruptcy unless it's absolutely the only way out? I was simply stating that there are possible alternatives to dealing with debts. I did not in any way discredit Sammy's advice. My advice was meant to be friendly and helpful, and if it's not what you want to hear, than you are free to simply ignore it.
                            Have a nice day


                            • #15
                              If a person is a Permanent Legal Resident and has a Green Card and is in need of filing Bankrupcy ... would it have any effect on the person who sponsored/signed an Affidavit of Support with INS during the immigration process 13 years ago? Curious is all, debating this argument with a friend ...


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