Phoenix, AZ asked in Immigration Law for Arizona

Q: If I declare bankruptcy, chapter 7 while on H1b visa, will it affect my immigration intent (outcome) if I pursue GC?

I am currently with a lot of debt (bad decisions) and can not pay minimum amounts and already 1 lawsuit. Afraid of current immigration scrutiny could jeopardize my future intent to become resident.

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1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
Answered
  • Immigration Law Lawyer
  • Greenville, SC

A: I'm sorry this must be a strain for you. Contact a bankruptcy attorney and a credit counseling service, to figure out a plan to minimize your debt and to get protection against collection efforts. This will give you tremendous peace of mind, and your lawyer will help you get thru the bankruptcy and make a fresh start.

When it comes time to apply for permanent residence, you will then be able to show that you have your debts in order, and that you are repaying them according to a payment plan. The Trump admin has been bearing down on the "public charge" (financial) grounds of ineligibility but since you are employed (H-1B visa status) and have your liabilities under control, you should come through OK.

PS Bankruptcy is not a ground to deny permanent residence.

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