Brian, If the person is here illegally, his status is that of an illegal
alien and thus deportable if found by BCIS. So, the bankruptcy will not
affect his status because he is in fact illegally here. The fact that he is
filing bankruptcy is not an issue with BCIS. The fact that he is here
illegally is a big issue. If he is here illegally then he is using an
illegal social security number. Is he paying social security under the
invalid social security number? Has he been paying taxes? If there is some
avenue open to him to legalize, BCIS will take into consideration that he
has been paying taxes and social security.
The issue that Ty is bringing up is somewhat different as to sponsoring
another immigrant. In that case the woman is signing an Affidavit of
Support which is a contract with the US Govt, in which she guarantees that
the immigrant will not require welfare benefits during the first yeares that
they are in the country because she is financially able and will provide
financial support for the immigrant if such financial support is required.
In that case the bankruptcy could be an issue. BCIS will look at her income
level. If she cannot meet the specified income level which is based upon
the number of people in the family, which is very low, then she will have to
provide a co-sponsor for the immigrant. So in that way the bankruptcy could
be a problem.
Patricia S. Depew, Esq.
Law Offices of Patricia S. Depew
1801 Century Park East, Suite 2400
Los Angeles, CA. 90067
NOTICE RE CONFIDENTIALITY AND RELIANCE -- The information contained in this
message and attachment is confidential, it may be privileged and protected
from disclosure by law. It is intended for the designated recipient(s)
only. If you are not the designated recipient you are hereby notified that
dissemination, distribution or copying of this message or any attachment is
strictly prohibited. If you are not the intended recipient please notify us
immediately and delete it from your computer system. FURTHER TAKE NOTICE --
E-mail is an informal means of communication of limited reliability. No
agreement or binding signature, express or implied, is authorized or
intended by the above message unless expressly stated. Formal
communications warrant handwritten signatures. Thank you.
Tyson M. Takeuchi
Sent: Wednesday, April 20, 2005 4:58 PM
To:
cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] BK / Immigration question
Brian,
Only a couple of things I can think of off the top of my head. BK docs are,
of course, a public record so there is a minute posibility that the Dept. of
Homeland Security might see the petition and determine that this person is
here illegally. I don't believe there is any sharing of files between the
bankruptcy court system and the Dept of Homeland Security, (formerly INS).
As I discussed before, I've done about 10 BK's for people seeking
citizenship or residency and have never had any problems. I had one client
who did not go through with her BK because she was sponsoring a person to
come into the U.S. and felt that a BK would prove that she could NOT
financially support the person coming into the U.S. I believe that Ray
Buluoan, (sorry if I spelled your last name wrong
Ray, said that this actually was not an issue either.
Ty Takeuchi
>Reply-To:
cdcbaa@yahoogroups.com
>To:
cdcbaa@yahoogroups.com
>Subject: [cdcbaa] BK / Immigration question
>Date: Wed, 20 Apr 2005 22:31:47 -0000
>
>
>Potential client is here in the US illegally. He has a SSN for work
>purposes, but is concerned that bk will impact his status.
>
>Other than verifying the SSN via a print out from the Social Security
>Administration, are there any other concerns which I should bring to
>his attention before filing the Ch 7 case?
>
>Thanks much.
>
>
>
Yahoo! Groups Links
The post was migrated from Yahoo.