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Immigration, Expired Visa, Debt & Bankruptcy
Friday, Aug 14, 2009
Question: I have credit card debt and judgments in US, and I'm a Canadian citizen. I have no assets here (I live here), no income (my boyfriend supports me) and the debts are four years old. There is no way for creditors to locate me as I have no bank account, address, etc. I have great Canadian credit. I would just leave this debt, but I want to open a company, and get a new visa. The only problem is that once the visa is issued, my old ssn will be used and therefore creditors will be able to locate me as I will have a business bank account, etc. I'm wondering if I should claim bankruptcy. I'm not sure if it will suspicious, as I will have to say I've been living here for 4 years without any income. Furthermore, I have been living here with an expired visa. My other question is will my new visa be declined if I claim bankruptcy before I am approved. Or should I claim bankruptcy after my visa is issued, and just say I was living in Canada the whole time and returned recently and want to start fresh.
Answer: Although most people who immigrate to the US do not need an attorney, your combination of debt and undocumented life in the US may complicate your plans and require legal expertise in immigration
law to navigate the minefield you have created. I am not such an expert, and you would be wise to look elsewhere for a more learned opinion.
Regarding the bankruptcy, you do not need to be present in the US to file for bankruptcy. You will, however, need to tell the court your address in documents you swear are accurate. If you are tempted to list a Canadian address for your residence in your bankruptcy filing when in fact, you are living in the US, you would not be accurate in your disclosures. By doing so you risk the bankruptcy court throwing out your case at best, and at worst, spending time in a federal prison.
However, if you provide a US address for your residence in a sworn statement filed in a public document in a US federal court, doing so may complicate the issues you face with US immigration.
Given that creditors cannot ascertain your location
Regarding the bankruptcy, you do not need to be present in the US to file for bankruptcy. You will, however, need to tell the court your address in documents you swear are accurate. If you are tempted to list a Canadian address for your residence in your bankruptcy filing when in fact, you are living in the US, you would not be accurate in your disclosures. By doing so you risk the bankruptcy court throwing out your case at best, and at worst, spending time in a federal prison.
However, if you provide a US address for your residence in a sworn statement filed in a public document in a US federal court, doing so may complicate the issues you face with US immigration.
Given that creditors cannot ascertain your location
at present, you may wish to hold your bankruptcy issue in abeyance until you resolve your immigration status.
As far as I know, creditors have no hotline to US immigration. In fact, smart creditors would love for you to live above ground so that they could collect their money from you.
My advice is for you to contact an immigration attorney and get another visa. Life underground is not fun. Once you are back in the US officially, then find a bankruptcy attorney to discuss your options for resolving your debt. One alternative to consider is debt consolidation, although this may not be an option for you given that you used the plural form of "judgment" when describing your debt, which tells me these may be difficult or impossible for a debt consolidation to resolve.
I hope this information helps you Find. Learn & Save.
Best,
Bill
www.bills.com/blog/
As far as I know, creditors have no hotline to US immigration. In fact, smart creditors would love for you to live above ground so that they could collect their money from you.
My advice is for you to contact an immigration attorney and get another visa. Life underground is not fun. Once you are back in the US officially, then find a bankruptcy attorney to discuss your options for resolving your debt. One alternative to consider is debt consolidation, although this may not be an option for you given that you used the plural form of "judgment" when describing your debt, which tells me these may be difficult or impossible for a debt consolidation to resolve.
I hope this information helps you Find. Learn & Save.
Best,
Bill
www.bills.com/blog/
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1. Posted by Son on Thursday 10th September 2009 12:15
Hi there. I claimed bankruptcy in USA when I left in Dec 2003. As advised by the bank at the time. I would like to visit NYC this Year. Will my past stop me going for 5 days? I Live in the UK and haven't been back to US since. Thanks
2. Posted by Bill on Thursday 10th September 2009 14:46
I am not aware of any law that prevents a non-citizen who declared bankruptcy in the United States from returning to the US.
3. Posted by Son on Saturday 12th September 2009 03:15
Thank you so much, and I look forward to returning to the US.
4. Posted by Bill on Monday 14th September 2009 08:30
You are welcome Sonia. Good luck and keep checking in on the Bills.com blog! Bills.com