Can an immigrant apply for Chapter 7 bankruptcy? 12 Answers as of January 08, 2011

If I file for chapter 7 would this affect if I want to get my green card?

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
A non-resident alien may file Chapter 7 bankruptcy if he has a valid SSA number and has reported his income on a 1040 tax return for the last two years. He also needs a valid photo ID, such as a Driver's License, for the creditors' meeting. The filing of a Chapter 7 bankruptcy should not, by itself, be an impediment to gaining legal status, although there are many other requirements, of course.
Answer Applies to: Illinois
Replied: 1/8/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
You should consult an attorney in your state.
Answer Applies to: South Dakota
Replied: 1/6/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
I suggest you consult with an immigration attorney with this question as to whether it will affect your immigration. I can tell you that you can file for bankruptcy.
Answer Applies to: California
Replied: 1/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes. That is not a problem.
Answer Applies to: California
Replied: 1/4/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
This is a complex issue and you would need to speak to an immigration attorney. In short, you should be able to file for bankruptcy. However, as far as immigration is concerned, the issue is how did you acquire the credit?

If you used a fake social security number, then that can be seen as fraud. That can have a serious impact on your request for permanent residency. So, before you file. You might want to consult with an immigration attorney to see if credit card fraud is something that would prevent you from getting permanent status.
Answer Applies to: California
Replied: 1/4/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Anyone legally in the country can be approved for Chapter 7 bankruptcy and it does not affect your green card status.
    Answer Applies to: Virginia
    Replied: 1/4/2011
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel
    You need a drivers license and social security to file for a bankruptcy. Sorry!
    Answer Applies to: California
    Replied: 1/4/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Generally, any person who resides or has a domicile, a place of business, or property in the United States is eligible to file a voluntary petition in bankruptcy. Filing bankruptcy, by itself, will not result in denial of your application for a green card.
    Answer Applies to: California
    Replied: 1/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    There is no connection between immigration status and bankruptcy. A person does not have to be legally in this country to file a bankruptcy petition. Bankruptcy does not affect immigration status or the right to obtain residency, become the citizen or obtain any other immigration benefit. A social security number is not required to file a bankruptcy petition. A person without an assigned social security number by the Social Security Administration can petition with the Individual Tax Identification Number (ITIN) that the IRS gives people who are not eligible to obtain a social security number. Your bankruptcy petition will not affect your ability to obtain a "green card" (permanent residency) if you are otherwise eligible to become a permanent resident of the US.
    Answer Applies to: California
    Replied: 1/3/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, an immigrant can file bankruptcy. Whether or not it affects your immigration status needs to be asked of an immigration law attorney.
    Answer Applies to: California
    Replied: 1/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Generally you can file as an immigrant. You must have a valid social security number and a valid state identification (driver license).
    Answer Applies to: California
    Replied: 1/3/2011
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