I want to file bankruptcy because my check is being garnish, because I gave back a car that was under my mom husband and my name, I was the co-signer, I had to give it because he try to rape and after that he was sending me and my mom death threats, I had to go to concealing because I got anxiety after, I put a pfa against him and have hospital and police records, and now they are asking 2x more money then what my balance was when I had the car, they are only going after me but not my mom husband, and I can’t afford that because I’m the only provider in my family, I would like to know how would it effect me if I do decide to file bankruptcy
I am confused by your asking whether bankruptcy will affect your immigration as it is not clear whether you are an applicant for permanent residence or already an LPR. If already an LPR, the bankruptcy will have no effect on your status. If an applicant for permanent residence, bankruptcy is generally not known to an adjudicator as it is not one of the factors looked for in an evaluation of public charge. Under the new public charge rules which are slated for implementation on October 15, 2019, U.S.C.I.S. will consider the totality of circumstances with liabilities being a factor. All cases postmarked before October 15 will be judged by the old rules. With the new rules, items such as age, health, history of work if authorized to work, credit score (if favorable), present income, household income, receipt of means tested benefits, etc. will all be considered in the mix in determining who is likely to become a public charge. I also note that there are categories for immigration that are not subject to the public charge requirement. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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