Can filing for bankruptcy affect my immigration status?

July 23, 2023 0 Comments

Many people come to the United States in search of the American Dream. While hard work and discipline often pay off, there is never a guarantee that life will be easy. It can be expensive to start a new life, between housing, education and job supplies, and living in a new culture can bring some unexpected differences in cost. The stress of all these adjustments can cause health problems, which is especially challenging without health insurance. Sometimes, despite the best planning, the result can be overwhelming debt. Immigrants may worry that being in debt could threaten their immigration status, but the good news is that bankruptcy is a legal option to control debt.

it’s not a crime

Being in debt is not a crime and will not affect your immigration status in any way. In fact, there are only certain very serious crimes that could affect your ability to stay in the US. These include:

Domestic violence, stalking, crimes against children, drug or human trafficking

Moral turpitude (deliberate, willful, and reckless conduct that is considered contrary to the rules of morality)

Aggravated felony (murder, rape, sexual abuse of a minor)

Certain firearms offenses

Possession of controlled substances

Espionage, treason, sabotage

As long as you live honestly and do what you can to live within your means and take care of your responsibilities and debts, you won’t have a problem.


Laws in the United States state that you are innocent until proven guilty, and this also applies to bankruptcy proceedings. All bankruptcy cases are assigned to a court trustee for review, and part of their job is to look for signs of fraud during your 341 Meeting. While the trustee does this, they assume you have provided honest and correct information. As we prepare your case, we will take every step possible to ensure that all paperwork is completed accurately and that you have the proper supporting documents.

It is important not to hide assets, file false or incomplete forms, or file again after recently filing in another state. These actions, in addition to bribing a court-appointed trustee, are considered bankruptcy fraud, and this offense could be punishable by high fees, jail time, or both. A bankruptcy attorney can help you avoid any mistakes in your case so you don’t have to think about fraud. If you’re ever not sure what to include in your case, they can help you figure it out.

A new beginning

It takes courage and dedication to start a new life in a new place, and adding debt to all of this can be difficult or even scary. If you are having financial problems but are unsure of your options due to your immigration status, contact a bankruptcy attorney who handles immigration law who can help. They can help you explore alternatives to bankruptcy that can preserve your credit, while also discussing how bankruptcy might affect you. Bankruptcy may be the best way to continue building a new life.

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