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Thread: Immigraiton Law Question: Bankruptcy and Green Card

  1. #1
    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. #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. #3
    Do you have full green card or conditional one?

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

  5. #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. #6
    Thanks for the advice. And don't be a ****, please. You don't know me or my circumstances.

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

  8. #8
    Vadissimo:

    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. #9
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    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. #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.

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