Can Bankrutpcy Affect my Immigration Status

A question we get frequently at our offices in Tampa and in Orlando has to do with the potential impact of a bankruptcy petition on a debtor's immigration status.  Miami based immigration lawyer Michael Shane answers this question in a concise and well written article entitled "Effect of Bankruptcy on Naturalization Eligibility," which is published on the Lawyers.com web site.

Michael notes specifically that there is no immigration law, statute, or regulation that specifically forbids individuals who have filed for bankruptcy from applying for Naturalization. Additionally, there is no specific question on Form N-400, Application for Naturalization, inquiring into bankruptc.

However, he also notes that your immigration status can be affected if you have not filed required tax returns or if you owe money to the IRS.  Further, he notes that the INS could view bankruptcy as evidence of "poor moral character" which could be grounds to deny naturalization.

Mr. Shane suggests, and we agree, that if you are facing any type of immigration issue, that you reveal that fact to your Clark and Washington lawyer prior to actually filing and that you discuss your potential bankruptcy with your immigration counsel.