Question

Can I file for bankruptcy if I am an immigrant on a visa?

I have a working visa to stay in the US, but I need to file for bankruptcy. Is this possible for me? or do I have to go about it another way? What are my options?
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Answered By: AZ Law Group of Trezza & Associates
Bankruptcy is an option for.

Answer Applies to: Arizona
Replied: 10/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
You can file for bankruptcy.

Answer Applies to: California
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
Yes, you can file bankruptcy so long as you have "lawful presence" in the United States. A visa satisfies that requirement. Thus, you can file bankruptcy.

Answer Applies to: Colorado
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Harkess and Salter, LLC
You can file for bankruptcy. Citizenship is not a requirement.

Answer Applies to: Colorado
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Lehn Law, PA
If you are living or own property in the United States, you may file bankruptcy. Surprisingly, a person doesn't have to be a citizen of the United States to file a bankruptcy case under the U.S. Bankruptcy Code. The Bankruptcy Code states that "Notwithstanding any other provision of this section only a person that resides or has domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title." - 11 U.S.C Section 109(a).

Answer Applies to: Florida
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joseph Lehn, Esq
If you are living or own property in the United States, you may file bankruptcy. Surprisingly, a person doesnt have to be a citizen of the United States to file a bankruptcy case under the U.S. Bankruptcy Code. The Bankruptcy Code states that Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title. 11 U.S.C. Section 109(a) .

Answer Applies to: Florida
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Darren Aronow, PC
Yes, as long as you are legally in the U.S. and you have a temporary social security card, then you are fine to file bankruptcy.

Answer Applies to: New York
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Non-citizens can file. Discuss this with your lawyer.

Answer Applies to: Georgia
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Joseph A. Mannis
You are still entitled to file bankruptcy. There are no additional steps you need to take.

Answer Applies to: California
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
Physical presence in the district where the case is being filed is the only residential requirement for filing bankruptcy.

Answer Applies to: California
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James Wingfield
Yes. As long as you are in the United States legally, you may file a personal bankruptcy to discharge your personal liabilities. The same rules apply for you, so it is important to understand the implications on your income and assets. Also, any property you own in your home country (or anywhere else) will be considered.

Answer Applies to: Massachusetts
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
I cannot tell you what your options would be since that will require an office consultation to review your entire economic situation. However, the fact that you are in the US on a visa (or even undocumented) does not affect your ability to file a bankruptcy case. Immigration status has nothing to do with bankruptcy.

Answer Applies to: California
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Harry L Styron
A legally resident alien is eligible to file bankruptcy under the same terms as a citizen. You will file in the U. S. Court district where you have resided for the greater part of the most recent 180 days.

Answer Applies to: California
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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