QUESTION

Can I still petition someone for immigration purposes if I file for bankruptcy?

Asked on Jun 11th, 2011 on Bankruptcy - Georgia
More details to this question:
If I file chapter 13 bankruptcy, can I petition my mother to come to US?
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7 ANSWERS

Bankruptcy Law Attorney serving Campbell, CA at Ellahie Law Firm
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Filing bankruptcy by itself does not stop you from petitioning. You need to meet the Affidavit of Support guidelines.
Answered on Jun 15th, 2011 at 7:34 AM

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There is a special provision in bankruptcy law to prevent discrimination in several important ways. Under section 525 there is no discrimination in employment, public or private, in obtaining student loans or is qualifying for what is called "a license, franchise or fee." Check with a bankruptcy attorney to see whether this applies to your situation.
Answered on Jun 15th, 2011 at 6:45 AM

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Bankruptcy Attorney serving Herndon, VA at Maureen O'Malley
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Yes. Be sure to be honest in any questions that ask about your financial ability to pay any of her costs if those questions are asked. Bankruptcy does not affect immigration issues, generally, unless there's fraud or other character issues involved.
Answered on Jun 15th, 2011 at 6:41 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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Yes.... bankruptcy has nothing to do with immigration and vice versa. You might have to demonstrate ability to support the person you want to bring to the U.S., but that has nothing to do with discharging your debts in bankruptcy. The government is not interested in whether you pay the banks and private creditors. The government is interested in making sure a person is not allowed to immigrate if the person is likely to end up being supported by the government (such a person is known as a "public charge"). You will probably have to prepare and sign an Affidavit of Support and submit supporting documentation agreeing to support the person for whom you are filing the petition. That will happen before the visa is issued (in some cases many years later) and not when you file the petition (I-130) now.
Answered on Jun 14th, 2011 at 1:59 PM

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Bankruptcy Attorney serving Atlanta, GA at Saedi Law Group, LLC
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I-864 affidavit of support will have to be filed and that affidavit of support will require you to be domiciled in the US and to show that you have the financial means to support the beneficiary. You will be required to provide paystubs and tax returns. You are not required to provide a copy of any bankruptcy documentation. It is also possible, however, to use a joint sponsor if a US citizen sponsor is unable to meet the financial sponsorship requirements on her own.
Answered on Jun 14th, 2011 at 1:47 PM

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Spencer Hale
Yes. Bankruptcy will not affect immigration issues.
Answered on Jun 14th, 2011 at 10:52 AM

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Glen Edward Ashman
There is disagreement between expert lawyers in this area. Before filing, find a lawyer that specializes in both fields.
Answered on Jun 14th, 2011 at 10:23 AM

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