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Angel
09-18-2007, 03:36 AM
Me and couple of my friends were talking abt this last week & im still curious,so I decided to ask forum users:if someone with a permanent green card but not a citizen yet files for bankruptcy,how bad would it effect in the future ? (e. g.when filing for citizenship. )
Thankful to anyone with good advice & suggestions.

Googler
09-18-2007, 04:39 AM
Me and couple of my friends were talking abt this last week & im still curious,so I decided to ask forum users:if someone with a permanent green card but not a citizen yet files for bankruptcy,how bad would it effect in the future ? (e. g.when filing for citizenship. )
Thankful to anyone with good advice & suggestions.

There is no immigration law, statute, or regulation that specifically forbids individuals who have filed for bankruptcy from applying for Naturalization. Additionally, there is no specific question on Form N-400, Application for Naturalization, inquiring into bankruptcy. However, there are two questions on the Form N-400 that may indirectly relate to bankruptcy. Those questions are found in Part 10, Section A, questions 4 and 5. Question 4 reads: "since becoming a lawful permanent resident, have you ever failed to file a required Federal, state, or local tax return?" and question 5 reads "do you owe any Federal, state or local taxes that are overdue." If you answer yes to either of these questions, you will need to provide a specific explanation as to why you answered yes and provide supporting documentation. It is important to note that just because a person files for bankruptcy does not necessarily mean that they failed to pay taxes or owe taxes that are overdue.
Another issue may be that the Service may view filing for bankruptcy as evidencing poor moral character, especially if such a filing occurs within the five year period immediately preceding the filing of the naturalization application. Pursuant to Immigration and Nationality Act section 324(b), the Naturalization process requires that you prove good moral character for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship. Additionally, the Department of Homeland Security evaluates claims of good moral character on a case-by-case basis, taking into account the immigration laws and the standards of the average citizen in the community of residence. 8 Code of Federal Regulations ("8 C.F.R.") § 316.10(a)(2). Furthermore, bad acts, such as willfully failing or refusing to pay child support, evidences poor moral character. 8 C.F.R. § 316.10(b)(3). As such, the Service, in its wide discretion, may deem filing for bankruptcy as evidencing poor moral character, depending on the circumstances.


http://immigration.lawyers.com/ask-a-lawyer/Effect-of-Bankruptcy-On-Naturalization-Eligibility-6724.html

bacha
09-18-2007, 04:58 AM
What about criminal record. Does the bankruptcy somehow effect one`s criminal record? Because AFAIK it is a court that rules someone out as a bankrupt.

Googler
09-18-2007, 06:31 AM
What about criminal record. Does the bankruptcy somehow effect one`s criminal record? Because AFAIK it is a court that rules someone out as a bankrupt.

I think when a person commits a bankruptcy fraud then it will effect his/her criminal record.

"Bankruptcy fraud, a felony, carries a sentence of a fine of up to $250,000 and/or five years in prison".

Angel
09-18-2007, 10:15 AM
Thank you Googler!!!(for some reasons the thank you button doesnt appear )