Financial hardship does not discriminate based on immigration status—and neither does the U.S. Bankruptcy Code. Many non‑citizens are surprised to learn that bankruptcy protection is available regardless of immigration status, but questions often arise when immigration law and bankruptcy law intersect.
Because mistakes in either area can have serious consequences, it is especially important to work with an attorney who understands both bankruptcy law and immigration law.
Can Non‑Citizens File for Bankruptcy?
Yes. U.S. bankruptcy law does not require a person to be:
- A U.S. citizen
- A lawful permanent resident (green card holder)
In general, a person may file for bankruptcy if they live in the United States, have a U.S. domicile, a U.S. business, or U.S. property. This applies to individuals who are:
- DACA recipients
- TPS holders
- Asylum applicants or asylees
- Individuals with withholding of removal
- Non‑immigrant visa holders
Immigration status alone does not disqualify someone from filing for Chapter 7 or Chapter 13 bankruptcy.
Common Questions at the Intersection of Bankruptcy & Immigration
Will filing for bankruptcy hurt my immigration case?
In most situations, bankruptcy by itself does not negatively affect immigration status or applications. Bankruptcy is a civil financial process, not a criminal matter. However, issues such as fraud, misrepresentation, or use of false documents can raise immigration concerns—which is why proper guidance matters.
Can I file bankruptcy if my spouse is undocumented or not filing with me?
Yes. Mixed‑status households are common in bankruptcy cases, especially in Florida. In some cases, only one spouse files; in others, both spouses file jointly. The right approach depends on:
- How property is owned
- Whether debts are joint or individual
- Household income and expenses
Florida law provides unique protections—such as tenancy by the entireties—that can be especially important for married couples.
Does income count if I don’t have work authorization?
Bankruptcy law looks at income actually received, not immigration or work authorization status. This includes cash income, family support, or other household contributions. What matters most is full and accurate disclosure, not how the income was earned.
Do I need a Social Security number to file?
A Social Security number is not required to file for bankruptcy. Many filers use an ITIN. What is critical is that all identifying information provided is accurate and truthful.
Why Experience in Both Areas Matters
Bankruptcy cases involving immigrants can raise unique issues that are easy to miss, including:
- Mixed‑status marriages and joint filings
- Household income calculations
- Florida exemption planning
- Avoiding immigration‑related red flags
- Coordinating bankruptcy strategy with current or future immigration filings
An attorney who understands only bankruptcy or only immigration may overlook risks that arise when the two overlap.
Speak With an Attorney Who Handles Both Bankruptcy and Immigration
If you are an immigrant—or part of a mixed‑status family—and are considering bankruptcy, getting advice from an attorney experienced in both bankruptcy and immigration law is critical.
Schedule a confidential consultation to discuss your situation and explore safe, lawful options for financial relief.
