In the past, we’ve written about whether one needs to be a U.S. citizen to file bankruptcy, and we also wrote that illegal aliens can file bankruptcy as well. In between, there are many people who are legally in the country but may be concerned that filing bankruptcy in Las Vegas will adversely affect their immigration status.
It won’t. Remember, Title 11 Section 109(a) of the U.S. Code simply states, “[O]nly a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.” It makes no reference to citizenship or immigration status.
Here are a few things immigrants need to know:
· Bankruptcy documents do not ask require you to disclose your immigration status. As we’ve said previously, you will have to provide identification, and if it’s fraudulent, there will be problems. However, for the legal immigrant, this will not be an issue.
· Only criminal activity and other evidence of negative moral character affect immigration status. Filing is not a criminal act for immigrants or otherwise, nor is it an act of negative moral character.
· Some credit-related acts are criminal and therefore can result in deportation. This mostly encompasses various types of fraud, such as: writing bad checks, using someone else’s credit card without authorization, perjury (knowingly making a false statement on bankruptcy documents). If you don’t do these types of things, you will experience no difficulty filing bankruptcy.
· For those seeking citizenship, the U.S. government prefers those who get their financial matters in order than those who fall into poverty and require public assistance.
The bankruptcy system is meant to protect people in the U.S. who have debt. It is much more open than other institutions in the country. However, if you owe debts in another country, or you own a stake in a business that operates outside the U.S., then a bankruptcy will be more difficult to do and will require an experienced Las Vegas bankruptcy attorney.
For more questions about bankruptcy in Las Vegas, please feel free to contact an experienced Haines & Krieger Las Vegas bankruptcy attorney for a free initial consultation by calling 702-880-5554.