Defaulting on student loan and sued, renewing green card

Immigration 4 views 3 answers
I have a green card and I have defaulted on my student loan almost 5 years ago. During this time, I had the bank sue me but I did not appear in court since I was not in the country. Will this affect the renewing process for my green card? If it does and I get denied, is it still possible to receive a tourist visa? I do not want to apply for a citizenship because my native country does not allow dual citizenships.

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No. The only thing that might "affect" the renewal of your green card is the fact that by having stayed out of the country only you know how long, CIS might deem you have in effect "abandoned" your lawful permanent resident status in the US. Once renewal denied and you lose LPR status, it is very hard to obtain a tourist visa, due to your having already had "immigrant intent". The default on your loan will not, however ,have any discernible effect on your ability to renew your green card, but will make it impossible to obtain US citizenship until you take care of that default and reinstate yourself. Student loans are NOT dischargeable in bankruptcy.
0 upvotes
Dorothy Bunce ·
The only type of debt that typically prevents you from being eligible for a green card is medical debt due to treatment from a public hospital. Such debt could be construed as making you "likely to become a public charge." The government has other ways to require you to pay your student loans. Hope this perspective helps!
0 upvotes
Matthew Berkus ·
Your question is an immigration question, not a bankruptcy/debt question. I am editing the designated practice area.
0 upvotes

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