Lucido Manzella PC, Clinton Township, Michigan
Law Firm, recently shared some thoughts regarding the How Does Bankruptcy Affect Immigration. These days, besides financial issues, people
are also suffering from immigration issues. Often a non-US citizen needs to file bankruptcy. Secondly, can bankruptcy filing affects their
migration status or application for citizenship? The answer is yes. According to the Bankruptcy Code, “…only
a person that resides or has a domicile, a place of business, or property in the United
States, or a municipality, may be a debtor under this title” [11 U.S.C. Section 109(a)]. The term “person” describes any individual,
partnership, and corporation… [11 U.S.C. Section 101(a) (41)]. Therefore, there is no necessity of citizenship
in the bankruptcy code status or citizenship applications, as it is not a crime. Crimes of “moral turpitude” like writing
“fraudulent” checks, using credit cards in another person’ name or providing deceptive
information to the federal government can affect immigration status. Further tax evasion can also be an issue in
rejection of citizenship. There can be another problem if an immigrant
debtor shifts money or property to another person to evade creditor action. If the shifted amount or the amount of the
tax liability that was avoided surpasses $10000, the immigrant debtor can be deemed as an “aggravated
felon” and might finally considered deportable or inadmissible. Peter Lucido also shared If Bankruptcy Can
Affect Your Immigration Status? California is a state that has always been
filled with both opportunity and immigrants. However, lately, the opportunities for many
people who have immigrated to the U.S. have decreased dramatically, due to the recent
recession. One of the questions people have been asking
us, as Riverside bankruptcy lawyers, is whether it will hurt their immigration status if they
declare bankruptcy. First off, we urge you to contact an immigration
lawyer if you have any concerns about your status. While we know bankruptcy, with over 30 years
of experience, your best legal advice about immigration matters comes from a lawyer who
specializes in that field, and we can give you a referral. However, in matters of Chapter 7 or Chapter
13 bankruptcy, we can tell you a few basic facts. Riverside Bankruptcy LawyerFirst off, there
is no bankruptcy qualifier in your immigration paperwork. However, owing back taxes can negatively affect
your status in applying for citizenship. If you are experiencing financial hardships
that have kept you from paying taxes due from you, please consult with us. We may be able to work out a solution that
will help you with back taxes. But there’s more according to Peter Lucido,
Michigan Attorney, as set out below. Many people who are hoping to become citizens
are embarrassed to find themselves in bad financial shape, and are afraid that it will
reflect badly on them when they file for naturalization. They are afraid it will be seen as a moral
failing. However, in our practice as Riverside bankruptcy
lawyers, we can assure you that the vast majority of people who come to us for advice have suffered
from serious financial troubles that are beyond their control, and the courts know that. We can assure you that your immigration officer
is well aware of the economic difficulties that everyone has been experiencing. They might even be going through financial
hardship, themselves! This is just a lengthy way of assuring you
that no, bankruptcy will not negatively impact your quest to become an American citizen. Also, if you’re worried about finding out
if you qualify for bankruptcy because of your status, don’t be. They are two different areas of the law. Don’t miss out on your opportunity to get
a fresh start in a fresh new country.