San Francisco, CA asked in Bankruptcy and Immigration Law for California

Q: I only have my daca and do to the financial situation I'm in I'm considering to file bankrupcey. Could this affect me?

Could this affect me in any way immigration wise? Like fileing to become resident in the feature? Renewing daca? Or risk of deportation?

Related Topics:
1 Lawyer Answer
James Geoffrey Beirne
James Geoffrey Beirne
  • Immigration Law Lawyer
  • Encino, CA
  • Licensed in California

A: The filing of a bankruptcy will not effect your ability to adjust status in the future. §525 of the Bankruptcy Code says that the government cannot discriminate against you merely for having filed for protection under the Code. As far as your DACA, have you considered applying for Advance Parole? If granted, when you reenter the country, you will have been "admitted or paroled" which means with a qualifying relative you could adjust status to a permanent resident (green card) without having to consular process outside of the States.

Sally J. Elkington agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.