Non US Citizen wants to file for Bankruptcy before becoming a citizen
Non Citizens and Bankruptcy
by: Andres Montejo, Esq.
A question was posed. . .
I am a resident alien, and I am interested in filing for Bankruptcy. I am also interested in applying for citizenship. Will the Bankruptcy have an effect on my application for citizenship?
The simple answer is NO. In general one cannot be denied citizenship because of a financial hardship that ended in the filing for Bankruptcy.
But citizenship is handled by another part of the Federal Government. While Bankruptcy is handled by the judicial part of the Federal Government, applications for citizenships are handled by the Department of Homeland Security.
Citizenship, may be denied by crimes of moral turpitude, and an example of some of those include:
Crimes Against The Person
Murder/Intentional HomicideVoluntary ManslaughterHomicide by Reckless ConductInvoluntary Manslaughter w/ Reckless DisregardAttempted MurderKidnapping MayhemAssault or Attempted Murder Upon Government OfficersCarrying a Concealed Weapon w/ Intent to Use Against the Person of AnotherAssault w/ a Deadly WeaponAssault w/ Weapon Likely to Produce Bodily HarmInterfering w/ a Law Enforcement Officer w/ Use of Deadly ForceAttempting to Obstruct/Impede the Progress of JusticeAggravated Assault Against a Peace Officer
Crimes Against Property
Attempted ArsonBlackmail/ExtortionForgeryUttering a Forged Instrument/Forged PrescriptionMaking False Statements of Financial ConditionRobbers’EmbezzlementLarceny/TheftGrand theftPetty TheftReceiving Stolen PropertyConcealing Assets in BankruptcyEncumbering Mortgaged Property w/ Intent to DefraudFraudulently Issuing Check w/ Insufficient FundsFraudulently Issuing Worthless CheckIllegal use of ATM or Credit CardPassing Forged InstrumentAttempted FraudUsing Mails to DefraudMaking False Statements in Acquisition of FirearmSecurities FraudWelfare FraudTransporting Stolen PropertyObtaining Money by False PretensesBriberyMalicious Trespass
Sexual and Family Crimes
Assault w/ Intent to Commit AbortionAttempted Assault w/ Intent to Commit Carnal AbuseStatutory Rape/RapeIndecent Assault/Sexual BatteryAdulteryBigamyProstitutionSodomyGross IndecencyContributing to the Delinquency of a Minor/Sexual ActsTaking Indecent Liberties w/ a ChildIncestOral Sexual Perversion
Crimes Against the Government
Falsely Issuing a Narcotic PrescriptionOffering a BribeMaking, Passing, or Possessing Counterfeit CoinsConspiracy to Violate IRS LawsSecurities FraudCounterfeitingSmuggling MerchandiseImpersonating Federal OfficerFalse Statements/FirearmFalse Statements or EntriesHarboring a FugitiveUsing False Names & Addresses to Violate Postal LawsUttering/Selling False/Counterfeit Immigration DocumentsFalse Statements to Obtain a PassportFalse Statements in LPR ApplicationPerjuryTheft from U. S. MailTaking KickbacksReceiving Funds by False StatementsTrafficking in NarcoticsFailing to Report IncomeUnion Official Unlawfully Accepting a LoanKickbacks on Government ContractsFalse Statements/Selective ServiceFalsely Representing Social Security NumberFalse Statements/Unemployment Benefits
Filing for Bankruptcy certainly doesn’t fall in any of those previous categories. That being said, it is important that you have a well versed attorney before filing for Bankruptcy, since you could jeopardize your citizenship if you have committed any of the prior mentioned acts. It is possible that in a hearing or meeting during your bankruptcy proceeding, you are asked questions that may cause you to give answers, which could incriminate you, or spill over to your citizen application.
Please have an attorney and consult with him/her your specific situation before taking any affirmative steps in any direction.
Visit our website at www. andresmontejolaw. com. Call us at (305) 817-3677 or email us at info@andresmontejolaw. com.
Andres is not only a member of the Florida Bar but also of the Washington D. C. Bar. He has also been admitted to the Federal Courts of Florida and Washington DC as well as the appellate Federal Courts for those jurisdictions.
Since incorporating his practice in early 2004, he has handled numerous cases in various branches of the judicial system.
Written by on January 21st, 2010 with
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