Can I still petition someone for immigration purposes if I file for bankruptcy? 14 Answers as of June 15, 2011

If I file chapter 13 bankruptcy, can I petition my mother to come to US?

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Ellahie & Farooqui LLP
Ellahie & Farooqui LLP | Javed Ellahie
Filing bankruptcy by itself does not stop you from petitioning. You need to meet the Affidavit of Support guidelines.
Answer Applies to: California
Replied: 6/15/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
There is a special provision in bankruptcy law to prevent discrimination in several important ways. Under section 525 there is no discrimination in employment, public or private, in obtaining student loans or is qualifying for what is called "a license, franchise or fee." Check with a bankruptcy attorney to see whether this applies to your situation.
Answer Applies to: California
Replied: 6/15/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes. Be sure to be honest in any questions that ask about your financial ability to pay any of her costs if those questions are asked. Bankruptcy does not affect immigration issues, generally, unless there's fraud or other character issues involved.
Answer Applies to: Virginia
Replied: 6/15/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You need to ask an immigration lawyer. We bankruptcy attorneys would argue that filing bankruptcy would have not impact on immigration.
Answer Applies to: California
Replied: 6/15/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
I am not an immigration attorney but my understanding would be that the bk would not have an effect on this.
Answer Applies to: California
Replied: 6/14/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    I do not believe that immigration has anything to do with your bankruptcy. The only issue is if you are her sponsor, they might want proof of financial ability to provide for your mother. You might want to meet with an immigration attorney. This could be an issue for you.
    Answer Applies to: California
    Replied: 6/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, bankruptcy has nothing to do with immigration. The only time there is a problem is when someone is using a fake SSN.
    Answer Applies to: California
    Replied: 6/14/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes.... bankruptcy has nothing to do with immigration and vice versa. You might have to demonstrate ability to support the person you want to bring to the U.S., but that has nothing to do with discharging your debts in bankruptcy. The government is not interested in whether you pay the banks and private creditors. The government is interested in making sure a person is not allowed to immigrate if the person is likely to end up being supported by the government (such a person is known as a "public charge"). You will probably have to prepare and sign an Affidavit of Support and submit supporting documentation agreeing to support the person for whom you are filing the petition. That will happen before the visa is issued (in some cases many years later) and not when you file the petition (I-130) now.
    Answer Applies to: California
    Replied: 6/14/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    I-864 affidavit of support will have to be filed and that affidavit of support will require you to be domiciled in the US and to show that you have the financial means to support the beneficiary. You will be required to provide paystubs and tax returns. You are not required to provide a copy of any bankruptcy documentation. It is also possible, however, to use a joint sponsor if a US citizen sponsor is unable to meet the financial sponsorship requirements on her own.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    I'm sure you can, but you should direct this question to an immigration law attorney, as it is not really a bankruptcy question.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Absolutely, the two things have nothing to do with one another.
    Answer Applies to: California
    Replied: 6/14/2011
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