#421 – Bankruptcy and Immigration

I have a client that needs to file bankruptcy. She’s deep in dept and in danger of eviction. The attorney wants to file her case before any judgment can be entered in her eviction case.

She has expressed a concern to me and I don’t know if you have a answer for her but I cannot answer. She apparently was hoping / planning to sponsor a relative to either become a citizen or to somehow get some immigration status that would allow the relative to come over.

She says she had “heard” that if she files bankruptcy, she couldn’t do that.

I told her to consult an immigration attorney but I thought I’d take a shot and see if you could address the issue.

My bottom line with her is that she really needs to look after herself right now and if she doesn’t file a bk she’s gonna be out on the street, and I doubt that would help with her immigration issue.

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One Comment

  1. Consultant

    We reached out with a bankruptcy and immigration lawyer for you.
    Response: There’s no place on the immigration paperwork where they even ask about bankruptcy. Sponsors only need to submit tax returns, proof of assets (the form does NOT ask about debts), and proof of income as part of their I-864 Affidavit of Support (see attached), and they only need to show that they have enough income to cover the 125% of the poverty line for a family the size of their family (including the sponsoree).

    In her 12 years of practicing BOTH bankruptcy and immigration work, she has NEVER seen this brought up as an issue, and I has filed immigration paperwork for a number of people who have previously filed bankruptcy.

    I-864 Affidavit of Support — NEW 2012

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