Many Green Card holders and naturalization applicants fear bankruptcy could harm their immigration status. Hesitating to file for bankruptcy or to disclose their financial hardship can put them at more risk. Immigration authorities do check your financial history. However, certain protections prevent them from revoking your status or denying your application due to bankruptcy.
The “public charge” rule, which denies Green Cards to those likely to become dependent on government assistance, doesn’t apply to holders. Bankruptcy alone can’t directly affect your status, but the reasons behind it might.
Know how the law protects you as you pursue ways like bankruptcy to secure your finances.
Points to consider
To see if bankruptcy can affect your immigration status, consider:
- Legal protections: The Federal Bankruptcy Code bars the government from discriminating against anyone for filing for bankruptcy. It protects against unfavorable immigration consequences.
- Naturalization law: A person must reside continuously, be present in person, possess good character and uphold the U.S. Constitution to be naturalized. Bankruptcy isn’t explicitly listed as a disqualifying factor.
- Good moral character: U.S. Citizenship and Immigration Services (UCIS) can investigate the reasons behind your bankruptcy to assess good moral character. The impact is likely minimal if fraud or other criminal activity isn’t involved.
- Financial integrity: If bankruptcy becomes necessary due to a job loss or medical emergency, USCIS views it more leniently, even if it results from irresponsible financial behavior.
You can leverage these points to protect your immigration status.
Protective measures
To help minimize the potential effects of your bankruptcy, you must demonstrate accountability and transparency. Some measures you can take include:
- Updating USCIS on your financial circumstances
- Keeping a clean record to avoid raising doubt
If you suspect discrimination by immigration officers due to bankruptcy, consulting an immigration and bankruptcy law attorney is advisable. They can help ensure you meet all legal requirements and protect your rights.
