Hagerstown, MD asked in Bankruptcy and Immigration Law for Maryland

Q: We are residing in the US on H1-B visa, And company is about to declare bankruptcy.

We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?

Related Topics:
2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes.

Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: A company does not ordinarily file for Chapter 7, but it can. Chapter 11 reorganization is common for large companies. You do not state whether you are losing your job or not, or whether the company is ceasing operations and laying off its employees. You need an immigration lawyer to state whether losing this particular job will place your visa status in jeopardy, or whether you can qualify to stay if you get another job. If you own the company that is going bankrupt, that is a different issue, as not paying substantial debts, and certain kinds of debts (like payroll and withholding taxes) may be a basis for denying a visa, if those obligations are yours either personally or as an owner of the company. Again, only a consultation with an immigration lawyer will give you the answers you need, after detailing all the facts and circumstances of the situation.

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.