Absolutely! Even non-citizens can file bankruptcy in the US.
According to 11 U.S.C §109, you only need to have a residency or business address here, or own property of some sort; it does not require any form of established status within the country if you’re filing individually or as a business entity.
Can Undocumented Immigrants File Bankruptcy?
There is not a requirement that a debtor must be a permanent resident in order to achieve debt relief.
The bankruptcy courts do require a debtor to present a social security number or individual taxpayer identification number, for the purposes of identification, but anyone with those identifiers can still declare bankruptcy.
Will Filing Bankruptcy Prevent Becoming a Citizen?
There are no laws that say filing bankruptcy will stop someone from getting a visa, green card, or citizenship application.
But the bankruptcy process looks at whether the person is a good person or not through what is known as the “good moral character” test.
So, if someone files for bankruptcy in a way that shows they are of bad moral character, it could impact their application for citizenship.
As long as people don’t get into debt on purpose knowing they will file bankruptcy, this process should not stop them from getting citizenship.
How Could Bankruptcy Impact the Citizenship or Employment?
It is important for individuals considering bankruptcy to understand that their bankruptcy filing will be reported on their credit report regardless of their citizenship status.
This means that it can impact an individual’s ability to obtain future financing or employment opportunities within the United States.
Does Bankruptcy Increase the Risk of Deportation?
Bankruptcy judges, courts, and lawyers are not worried about your immigration status. Filing for bankruptcy does not necessitate reporting to immigration services.
Filing a bankruptcy case is no more likely to lead you into deportation than a speeding ticket would be.
All in all, there’s nothing to fear if you’re an undocumented immigrant considering bankruptcy!
What Non-US Citizens Should Know about Bankruptcy Court
In conclusion, bankruptcy is a viable debt relief option for non-US citizens.
The bankruptcy courts do require proper documentation such as social security numbers or tax identification number, but anyone with those identifiers can declare bankruptcy regardless of citizenship status.
A bankruptcy case should not affect someone from getting a visa, green card, or citizenship.
If you are considering bankruptcy, it is important for you to talk to a bankruptcy attorney. A good bankruptcy attorney will be able to help you understand bankruptcy law and represent you whether you are a lawful permanent resident or not.