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Can an immigrant on H1B status apply for bankruptcy?
Anonymous4 views4 answers
My H1B application for green card (I-140) was denied. I have substantial credit card debt and 1 more year in US before I have to leave. Also, I am in a same sex relationship with a US citizen. Will a bankruptcy affect a family based immigration petition IF, Obama grants immigration relief for same sex binational couples. I do not have a history of gambling, conviction or tax evasion.
thanks
That is a huge IF. Your question, today, is academic only since there is no relief as you've suggested in law or even proposed. So, today, your question is irrelevant. Further, you are not currently on H1B "status" since your petition was denied. As for a bankruptcy's effect on a family application (if your magic political shift occurs), it certainly can be considered, but it isn't an automatic disqualification.
There is no prohibition on anyone in the US, legally or not, filing bankruptcy.
While a filing is not an automatic disqualification from green card status, detailed facts from your case are important and you want to discuss those with an immigration lawyer.
