Will My Immigration Status be Affected by Filing Bankruptcy?
09/07/2011
Before you file for bankruptcy you must consult with an immigration lawyer about your own personal situation. Be aware that the office of the Trustee and the Bankruptcy Court are very close to the office of Department of Homeland Security which monitors illegal aliens. If you file for bankruptcy, the Federal government which will include the DHS will have an access to your personal records such as whether you are filing your tax returns, whether you are not paying child support or you have committed certain crimes or infractions. Failure to file tax returns or failure to pay child support will affect your immigration application for benefits.
The immigration law requires that all applicants for permanent resident and citizenship have good moral character. Good moral character requires not having been involved in any crime especially crimes involving moral turpitude or fraud. Examples of crimes of fraud are:
Lying on your credit applications;
Using other person’s social security number;
Using a fake social security number;
Fraud in dealing with creditors.
If the bankruptcy court found out that you have committed any one of the above infractions or crimes, you could be sent to prison and your immigration status will be in jeopardy.
Q: Is there a requirement to file for bankruptcy that you must be a legal alien or citizen?
A: There is no requirement in the Bankruptcy Code that requires legal status in the United States. A debtor could be any person in the United States who has a Social Security Number or Taxpayer Identification Number (TIN) with valid Identification Document and a valid address.
Q: Does the creditors knew that some debtors filing bankruptcy are illegal aliens?
A: The banks issued bank accounts to people who do not have social security number but have Taxpayer Identification Number. They must have known that persons who do not have social security number and working based on Taxpayer Identification Number must have lacked legal papers to stay in the United States.
The immigration law requires that all applicants for permanent resident and citizenship have good moral character. Good moral character requires not having been involved in any crime especially crimes involving moral turpitude or fraud. Examples of crimes of fraud are:
Lying on your credit applications;
Using other person’s social security number;
Using a fake social security number;
Fraud in dealing with creditors.
If the bankruptcy court found out that you have committed any one of the above infractions or crimes, you could be sent to prison and your immigration status will be in jeopardy.
Q: Is there a requirement to file for bankruptcy that you must be a legal alien or citizen?
A: There is no requirement in the Bankruptcy Code that requires legal status in the United States. A debtor could be any person in the United States who has a Social Security Number or Taxpayer Identification Number (TIN) with valid Identification Document and a valid address.
Q: Does the creditors knew that some debtors filing bankruptcy are illegal aliens?
A: The banks issued bank accounts to people who do not have social security number but have Taxpayer Identification Number. They must have known that persons who do not have social security number and working based on Taxpayer Identification Number must have lacked legal papers to stay in the United States.
Source:Asian Journal
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