At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we perceive the challenges immigrants face—particularly these navigating each the U.S. immigration system and overwhelming debt. As a New Jersey chapter legal professional who has represented extra small enterprise debtors than every other lawyer within the state, I’ve seen how monetary misery intersects with immigration issues.
When you’re an immigrant contemplating chapter or already within the course of, the excellent news is that this: chapter doesn’t mechanically disqualify you from acquiring a inexperienced card or U.S. citizenship. However it may well increase questions in sure immigration contexts. Right here’s what it’s good to know.
Household-Primarily based Immigration and Chapter
When making use of for a inexperienced card by household sponsorship, the U.S. Citizenship and Immigration Companies (USCIS) evaluates whether or not you’re prone to grow to be a “public cost”—somebody depending on authorities help.
Your sponsor should submit Kind I-864, Affidavit of Help, demonstrating earnings of a minimum of 125% of the Federal Poverty Tips. For 2025, that’s $26,437 for a two-person family.
In case your sponsor meets this requirement, your previous chapter is unlikely to affect your case. USCIS focuses extra on your present monetary stability and your sponsor’s {qualifications}—not your credit score historical past.
Related Statutes:
Employment-Primarily based Inexperienced Playing cards
In most employment-based inexperienced card instances, it’s your employer, not you, who should display monetary capability—particularly, the power to pay the wage listed on Kind I-140. Your chapter historical past is mostly not reviewed.
Exceptions exist in self-petition instances like:
- EB-1: Extraordinary potential, excellent researchers, executives
- EB-2 NIW (Nationwide Curiosity Waiver)
In these instances, USCIS examines your monetary independence. In case your proposed endeavor is tied to a bankrupt enterprise, you’ll want to indicate different proof of viability—like financial savings or job provides.
For EB-2 NIW, USCIS applies the Matter of Dhanasar three-pronged take a look at. One prong assesses whether or not you’re “well-positioned to advance the proposed endeavor.” A latest chapter may name that into query. (See the 2025 USCIS Coverage Replace).
Different Visa Classes
Investor Visas (EB-5): Chapter could be disqualifying if it prevents you from investing the required capital.
Range Visa Lottery: Chapter doesn’t bar you, however at your consular interview, you’ll must show monetary independence.
Humanitarian Aid (Asylum, VAWA, Particular Immigrant Juvenile, Refugee Standing): These classes are exempt from the general public cost rule, so chapter is irrelevant. (See Public Cost Sources).
Naturalization and Good Ethical Character
Chapter won’t stop you from changing into a U.S. citizen. Nevertheless, sure monetary behaviors might have an effect on the USCIS’s willpower of your Good Ethical Character (GMC):
- Youngster Help: Non-payment, even with out a courtroom order, can increase issues. Chapter attorneys ought to construction plans to mirror cost efforts.
- Taxes: Failing to file or pay taxes is taken into account an “illegal act.” Discharge by chapter isn’t sufficient. USCIS needs to see that you’ve complied with IRS necessities (e.g., cost plans or returns filed). (See USCIS Coverage Guide – Naturalization: GMC).
Ultimate Ideas
When you’re an immigrant coping with severe debt, know that chapter isn’t the top of your immigration journey. Whereas it may well increase flags in sure contexts, correct planning, skilled authorized illustration, and full disclosure can assist you obtain each a monetary contemporary begin and your immigration objectives.
I’ve helped numerous shoppers stability these two advanced areas of regulation—and I’d be honored that will help you, too.
