How Will Filing Bankruptcy Affect My Immigration Status?

How Will Filing Bankruptcy Affect My Immigration Status? """People from around the world migrate to the United States in pursuit of the American Dream."" What does the American Dream entail? It has various meanings for different people, but it generally involves being successful in their chosen field and financially independent. When our economy was booming, many individuals realized this ambition. During the current economic downturn, however, many people have witnessed their dreams transform into nightmares. Purchased during the peak of the real estate boom, houses are now so deeply underwater that they are virtually worthless. Consultation with a bankruptcy attorney to file for bankruptcy appears to be the only path out of the financial bind. Before filing for bankruptcy, many immigrants ask the same question: ""What will filing for bankruptcy do to my immigration status?""

Filing for bankruptcy does not affect immigration status on its own. You must have committed a deportable offense in order to be deported. Under 8 U.S.C. 1227(a)(2), you may be subject to deportation if you commit one or more of the following: certain crimes of moral turpitude or aggravated felonies, possession of controlled substances, certain firearm offenses, miscellaneous crimes (such as espionage, sabotage, treason), domestic violence, stalking, crimes against children, and trafficking (drug or human).

Morally reprehensible acts are evaluated on a case-by-case basis. A crime of moral turpitude must involve highly reprehensible behavior that was committed intentionally, deliberately, willfully, or with heedless disregard. A crime involving'moral turpitude' entails 'conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either to one's fellow man or society in general. Some bankruptcy-related crimes that are considered to be crimes of moral turpitude include: writing bad checks with the intent to defraud, crimes of domestic violence, and tax evasion.

Under 8 U.S.C. 1101(a)(43), a lengthy list of crimes are considered to be aggravated felonies, including murder, rape, and sexual abuse of a minor. 1101(a)(43)(M)(i) and (ii) are the primary ones that may apply to individuals filing for bankruptcy: fraudulent transaction where the loss to the victim exceeds $10,000 and tax evasion where the loss to the government exceeds $10,000.

If you have not committed one of the above crimes, you should not be subject to deportation from the United States. Filing for bankruptcy is neither a crime nor grounds for deportation. Deportation is a possible consequence of committing a bankruptcy-related offense, such as perjury or fraud against a creditor. As long as you do not perpetrate a bankruptcy-related crime, your immigration status should not be a concern. If you are unsure if you fell into any of these categories, you should consult a bankruptcy attorney before proceeding.""

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