CC Brown law – If I File for Bankruptcy, Will My Green Card Be Taken Away

CC Brown law If I File for Bankruptcy, Will My Green Card Be Taken Away

The Individuals living in the United States legally should not worry about the U.S. Bureau of Citizenship and Immigration Services getting involved with their bankruptcy cases. According to Chapter 7, a person's green card will never be taken away simply because he files for bankruptcy.

The conditional legal residents who are found to have committed financial fraud will not be protected from the immigration bureau. Thus, a conditional legal resident should only feel confident about filing for bankruptcy when he knows that he has not committed any type of financial fraud in the process.

The Bankruptcy and immigration are not related. Thus, Filing for bankruptcy will not affect a immigration case in any way. So, Filing for bankruptcy is a legal right if you qualify regardless of immigration status or citizenship. You may have to prove ability to support yourself in this country at the time you are ready to obtain your permanent residency ("green card").

Each individual must prove at this time,that you will not be a public charge by demonstrating to an immigration officer. Then, you shouldn't inform about the job and earning by filing an Affidavit of Support signed by someone with sufficient financial means who then becomes responsible for you in case you do not have enough money to support yourself in the future. The Immigration forms never ask if you ever filed for bankruptcy and you will not be asked in a bankruptcy case if you are in this country undocumented because that is not relevant.

If you do not have a valid social security number you will need to file your bankruptcy case with your Individual Tax Identification Number (ITIN) issued by the IRS for you to do your income tax returns. Never use a social security number to file bankruptcy that was not issued to you by the Social Security Administration.

If you have a social security number that is valid you must file with that number even if it says that it cannot be used to work as many of them say above the number. The bankruptcy application does not ask you if you have used any social security number to obtain credit before. Many people have used invented numbers or numbers belonging to other people to apply for loans but that does not need to be disclosed in the bankruptcy petition.

So, you just need to disclose the names of the creditors and the account numbers so that the creditors can identify the debt and file claims in some cases if required. Again, filing for bankruptcy will not affect your immigration case now or in the future and if someone is a permanent resident that person does not have to worry about losing the right to obtain citizenship through naturalization. A previous bankruptcy does not affect someone's ability to become the U.S. citizen or a legal permanent resident if otherwise qualified.

Unfortunately many lawyers not familiar with immigration law or that do not handle cases for the immigrant community might lead you in the wrong direction by telling you that you are going to be deported if you file a bankruptcy case or that you will never become a resident or a citizen if you file a Bankruptcy case. You might be deported for other reasons of course but not for filing a bankruptcy case so don't worry about it.

So, just be completely truthful about your finances in the bankruptcy case and get an experienced attorney with whom you can communicate well and you will have no problems getting a discharge of your debts if you are entitled to it regardless of your immigration status now.

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