QUESTION

If we file bankruptcy and move out of the U.S., will we be denied a visa/citizenship because of the bankruptcy?

Asked on Oct 24th, 2013 on Bankruptcy - California
More details to this question:
My husband and I are considering bankruptcy because we are struggling to pay just the minimum. But we would like to move abroad to South America in a couple of years where it's much cheaper but aren't sure if we would be denied a visa/citizenship because of the bankruptcy. Please help.
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5 ANSWERS

Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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This question should be asked of someone who practices immigration law in the specific country that you are considering as every country has its own immigration policies and procedures. It wouldn't seem like it would be an issue, after all the filing for bankruptcy is not a criminal act, but only someone familiar with the laws of your desired destination country can advise you.
Answered on Oct 24th, 2013 at 10:23 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The only concern that immigration has with granting someone residence as to their debt situation is if they are "likely to become a public charge." Typically that means the person owes money to a public hospital or needs to receive some kind of public benefits to survive. If you are currently in the US on an immigrant visa, leaving the US for more than one year typically will terminate your visa. Someone may have signed an Affidavit of Support when you applied for your visa guaranteeing that you will not be a public charge. If your debt includes a hospital bill, your sponsor may have to pay that debt when you file bankruptcy.
Answered on Oct 24th, 2013 at 2:27 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You need the advice of an immigration attorney. As a bankruptcy attorney I can tell you that the United States does not discriminate against someone for filing bankruptcy. I do not know what South America does.
Answered on Oct 24th, 2013 at 1:40 PM

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Deborah F. Bowinski
That is not a bankruptcy question. You will have to research the visa and immigration laws of the country to which you wish to move.
Answered on Oct 24th, 2013 at 10:32 AM

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Bankruptcy Attorney serving Oakland, CA at Elkington Law
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Bankruptcy will not affect your ability to get a visa. Nor, should it affect gaining citizenship in another country, but you should check with that country's citizenship and immigration laws.
Answered on Oct 24th, 2013 at 9:50 AM

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