Winter Park, FL asked in Bankruptcy and Immigration Law for Florida

Q: How would a bankruptcy affect a VAWA application?

I am about to file for a VAWA green card but credit card companies are now coming after me since my husband stopped paying any of my bills early last year. If I file for bankruptcy how will that affect my VAWA application considering that I have been financially abused in my marriage.

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: Filing for bankruptcy should not directly impact your application for a green card under the Violence Against Women Act (VAWA). VAWA applications are primarily evaluated based on evidence of abuse and the applicant's relationship to a U.S. citizen or lawful permanent resident.

Bankruptcy is generally considered a financial matter and does not reflect on your moral character or eligibility for immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) is more concerned with issues like criminal history or immigration violations when assessing VAWA applications.

However, it's important to handle the bankruptcy process carefully. While bankruptcy itself isn't a disqualifying factor for VAWA, any associated legal issues could potentially raise concerns. For example, if the bankruptcy involves allegations of fraud, this could impact your immigration application.

Given the complexities of both bankruptcy and immigration law, it's wise to consult with legal counsel who can guide you through both processes. They can help ensure that your bankruptcy filing is handled correctly and that it doesn't inadvertently affect your VAWA application.

Remember, your situation involves intersecting legal challenges, and professional guidance can be invaluable in navigating them successfully.

Timothy Denison agrees with this answer

A: Filing for bankruptcy shouldn't automatically throw a wrench into your VAWA petition. They're kind of like two separate lanes with different reasons and processes. That being said, USCIS might still take a peek into your moral character evaluation. Being upfront about it is key. It's a good call to give your attorney the heads up, and if they think it's a good idea, maybe have a chat with USCIS about it. Remember, every case is its own story, so getting some one-on-one advice from your attorney on how to navigate this is your best move.

Timothy Denison agrees with this answer

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