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Bankruptcy And Immigration

  • By: Nancy Burnett
  • Published: November 3, 2018
Bankruptcy And Immigration

NOTE: I am not an immigration lawyer

When it comes to bankruptcy, immigrations have some additional concerns. Will I be deported if I file a bankruptcy petition? Will a bankruptcy affect my application for naturalization or permanent legal residence?

Fortunately, there is good news. Filing a bankruptcy petition is not considered to be evidence of bad moral character. However, if you commit a crime related to the bankruptcy, your immigration status may be negatively affected. A bankruptcy crime includes intentionally hiding assets from the bankruptcy trustee (or other court agent), false swearing or perjury related to your bankruptcy case or committing a scheme to defraud by filing a fraudulent bankruptcy petition or other document or making a false or fraudulent promise, representation or claim relating to bankruptcy. Committing a crime in bankruptcy CAN affect your immigration status.

Also, evidence of a non-bankruptcy crime might come to light in a bankruptcy proceeding. Certain debts cannot be discharged in bankruptcy. Among these are debts that are the result of intentional and malicious injury, fraud, false representations in getting a loan, violation of federal securities laws, etc. A creditor may ask the court to rule that a debt should not be discharged because of one of these non-bankruptcy crimes causing evidence about the crime to become public.

If you still have questions, consult an immigration attorney. Also, as always, be completely honest, open and forthcoming to your bankruptcy attorney, the Trustee and the Court.

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