If you are in debt but have a pending immigration case you may be wondering if you can file bankruptcy and if you do how will filing bankruptcy impact your immigariton status?
There is no specific law that says that filing for bankruptcy will prevent you from getting your Visa or United States Citizen
ship. However, on February 24, 2020 the Deparment of Homeland Security implemented final regulations that change how an individual will be assessed based on the public charge rule.
The newly implemented regulations make it much harder for an individual to adjust status or for an individual to show that he or she will not be a public charge. The non citizens most impacted by this ruling are those seeking lawful permanent residence in the United States.
“Public Charge” is a ground of inadmissibility. When a person is applying for a green card immigration uses these grounds of inadmissibility for reasons that a person can be denied a green card or visa in the United States.
The new Public Charge rule is a test to determine if someone applying for permanent residence (“green card”) or for a visa will depend on Governement benefits in the future. If the person is likely to use public benefits in the future then the individuals visa or green card application will be denied.
How Does the Public Charge Rule Affect Me If I File Bankruptcy?
The new rule lays out 46 different factors that an immigration officer will consider when reviewing a green card or visa application. These factors include:
- Family income and Assets
- Family debts & liabilities
- The Immigrants Credit Score and Report
- History of Bankruptcy
- The Immigrants Family Household Size
- The Immigrants Age & Health
- The Immigrants Ability to Speak English
- The Immigrants Education & Skills
- How likely the Immigrant will be able to find employment
- History of Public Benefits
Immigration will weigh each as a positive, neutral or negative factor. Up untill now, bankruptcy had never really been considered when someone applied for an adjustment of status. With the new rule in affect, immigrants who want to file bankruptcy may need to consult with an immigration attorney first to see how the public charge rule will impact their case. Note, this list is not exhaustive and immigration officials will weigh each factor.
An immigration lawyer can go through each factor and determine if filing bankruptcy will be a problem for you in the future.
Keep in mind, there are some groups of people who may be able to file bankruptcy because the public charge rule does not apply to them. Some of these groups are:
- Refugees and asylees
- People with a U Visa, T Visa, or SIJS
- DACA and TPS applicants
- Most current permanent residents
- U.S. Citizens
If you have more questions about filing bankruptcy or how your immigration status will impact your bankruptcy case please feel free to call us at (973)-979-9078.