After entering the U.S. as a student, Mr. Lee was unable to remain in the U.S. after graduation due to a lack of progress in his education and employment. However, he was uncertain about his career path even if he returned to Korea, so he decided to live in the United States and run a small business. When you first started your business, you were making great profits, but then you started losing money, and eventually you got into debt that you couldn’t afford. I was aware of Chapter 7 bankruptcy in the U.S., but I didn’t know if I could file for bankruptcy as an undocumented immigrant, and I was afraid I would be deported if I did, so I didn’t file for bankruptcy and my debts continued to grow.
When most people immigrate to the United States, they do so with high hopes and dreams of a successful future. However, I have come to realize that life as a foreigner is not always easy, and more often than not, things don’t go the way you want them to. In particular, the fear of being deported at any moment if their work doesn’t work out and they become undocumented or illegal makes it difficult for them to make a decent living and makes them hesitant to seek legal recourse in situations like the one above.
However, when you file for bankruptcy in the United States, you are not asked about your immigration status. That’s why even undocumented or illegal immigrants can file for bankruptcy. However, you may need to have an ITIN or social security number for bankruptcy. An Individual Taxpayer Identification Number (ITIN) is available regardless of status, so even undocumented or illegal immigrants can get one and file for bankruptcy. Alternatively, if you’ve had a social security number before, you can file for bankruptcy.
The conditions for filing bankruptcy are the same as for Americans: you must have lived in the jurisdiction of the court where you are filing for at least 180 days and have most of your property in the same area for that time. Also, the bankruptcy petition does not ask about immigration status, so filing for bankruptcy alone will not reveal your immigration status to USCIS.
As a foreigner, life in the United States is never easy. Over the course of your life, you may end up with a lot of debt for a variety of reasons. If you are hesitant to file bankruptcy because you are concerned about your status, we strongly recommend that you speak with an experienced bankruptcy and immigration attorney. If you have any questions about bankruptcy, please contact mail@songlawfirm.com으로
However, unlike permanent residents, people in non-immigrant visa status need to be aware of the nature of their visa. For example, the E-2 visa is a micro-investment visa, which means that you must be investing and operating a business in the United States. If you file for Chapter 7 bankruptcy, all of your equity in the business will be used to pay off your debts, so you may not be able to run the business anymore. This will defeat the purpose of the visa and you will need to obtain another status or return to South Korea. If you are unsure of the nature of your visa, we highly recommend consulting with an immigration attorney.
As a foreigner, life in the United States is never easy. Over the course of your life, you may end up with a lot of debt for a variety of reasons. If you are hesitant to file for bankruptcy because you are concerned about your status, we strongly recommend that you speak with an experienced bankruptcy and immigration attorney. If you have any questions about bankruptcy, please contact mail@songlawfirm.com으로.