Bankruptcy and N-400

[hotguynyc]

Does Filing for Bankruptcy while N-400 is pending make any difference?

I am in not so good financial situation.

Also what will happen if I wanted to sponsor my parents after filing bankruptcy?

Thanks Guys

 

[GhantaBro]

They will check the tax return for 3 years.... and it totally depends on ur luck too. I knew a person who had sponsored his parents... his tax returns were less in the previous years; however, he was making more than the criteria for the sponsorship... they were plain stupid and kept on rejecting until he got it co-signed... so yeah you have an option of getting the affidavit of support co-signed by someone who is wealthy too.

 

[kckfs]

I wonder if that would come under the "moral character" test, although I don't know.

 

[nyc_naturalizer]

Does Filing for Bankruptcy while N-400 is pending make any difference?

I am in not so good financial situation.

Also what will happen if I wanted to sponsor my parents after filing bankruptcy?

Thanks Guys

Sorry to hear about your troubles hotguynyc.

You may find this link useful:

http://immigration.lawyers.com/ask-...uptcy-On-Naturalization-Eligibility-6724.html

I haven't seen you post on the NYC thread lately. Did you get your IL? Also, what is your PD? We're anticipating movement for August filers anytime.

 

[JohnnyCash]

Does Filing for Bankruptcy while N-400 is pending make any difference?

I am in not so good financial situation.

Also what will happen if I wanted to sponsor my parents after filing bankruptcy?

Thanks Guys

Filing for bankruptcy has no relevancy whatsoever with pending N-400 (or anything with USCIS). Period. That being said, you can file for bankruptcy now while you have pending N-400 or once you are done with USCIS or whenever you decide to file for it.

However, keep it in mind that the US trustee (who always decides a consumer bankruptcy case in 99.99% of the cases) is a part of the US Department of Justice, and USCIS is also a part of the Department of Justice. So, if you will be found involving in some kind of criminal act during your bankruptcy case then you could find yourself in a deportation proceeding depending upon the nature of crime and charges. What kind of those criminal acts could be?? Then it would depend upon how you obtained those debts and if you would try to dodge bankruptcy case by providing false documents. I've seen many cases wherein some people got debts by fraudulent means. During the bankruptcy proceeding, their creditors disputed their bankruptcy petition and requested the court not to discharge those debts because of fraudulent means of obtaining those debts. Upon having enough proofs of those fraudulent means of obtaining debts, US trustee reported the criminal act of bankruptcy-petitioners to law enforcement agencies for prosecution.

So be careful in filing the bankruptcy. But if you have done nothing wrong while accumulating those debts then you have nothing to worry about. Besides, it depends on the trustee. Some are aggressive, while others are easy-going. I would say-99% of the time trustees don't bother to report to law-enforcement even if it would appear that bankruptcy-petitioner had committed some kind of crime while getting the loan/debt.

As for sponsoring someone, either now or in the future, for an immigration benefit then you will need a co-sponsor if your income is below the poverty line. Many people can file for bankruptcy based upon their current (or low) income which might still be sufficient to sponsor someone under immigration laws/rules. The rules/laws to be eligible to file for bankruptcy are different than the rules/laws of being a sponsor for immigration purpose.

As for some people/lawyers having saying that filing a bankruptcy might be considered by USCIS as a indication of bad character when it comes to Naturalization application then it is NOT correct at all, trust me. Filing of bankrutpcy has nothing to do with moral character or anything such that; instead it has to do with the financial situation of the person. I've known at least 200 people who filed for bankruptcy and were able to discharge their debts either before their N-400 decided or while it was pending. None of them ever has had any problem. USCIS cannot consider filing of bankruptcy as a indication of bad character to determine the moral character of the applicant. Trust me on that.

 

[hotguynyc]

I am august 2007 filer and I have lost money in trading stocks. I do have money to cover it up for now but it is a loss I am not sure if I can claim whole thing in 2008 tax return .

Hopefully I will be able to cover it up by looking for right job. I dont have job since year and half I tried everything but no sucess I have small business in side which covers up my expenses .