Immigration and Bankruptcy in Oklahoma can go together. Bankruptcy relief is available for U.S. citizens, lawful permanent residents, and undocumented immigrants alike. Often undocumented immigrants choose not to seek relief under the U.S. Bankruptcy Code for one reason or another. However, in order to better decide whether bankruptcy is the best option, you should speak with an attorney familiar with both immigration and bankruptcy in Oklahoma.
You’re Okay, It’s the Law:
Title 11 of the United States Code, the Bankruptcy Code, provides relief for debtors from all sorts of consumer debt. This includes immigration and bankruptcy in Oklahoma. The debt forgiven includes: car loans, mortgages, credit card debt, cash advances, payday loans, and medical bills. Millions of undocumented immigrants living in the United States have incurred or are able to incur consumer debts. If they are unable to pay these debts due to insolvency, bankruptcy may be a viable option. A Statement of Social Security Number usually calls for a valid social security number in order to file bankruptcy. However, it does not exclude those without a social security number. Some have Individual Taxpayer Identification Numbers (ITINs), some do not. While you should disclose your ITIN number to your attorney, you may file bankruptcy without an ITIN.
Gotta Prove Who You Are:
If you do not have either a social security number or an ITIN, you must prove your identity to the U.S. Bankruptcy Court via the Trustee of the case. There are several barriers to filing which you should specifically address with your bankruptcy attorney:
- First, in order to qualify for consumer bankruptcies, you often must show proof of income. This will likely require payment advices from your employer for up to six months.
- Second, you may receive a request to present the trustee with up to four years of federal and state income tax returns. If you have not filed tax returns, you may be assessed a priority debt for your income which will likely not be discharged in bankruptcy.
- Third, you should discuss any issues regarding your current status in the U.S., and your intentions regarding your status for the future to determine if bankruptcy may impede any adjustment of that status. Bankruptcy may impact a determination of “good moral character,” and your ability to adjust status as a result.
Immigration and Bankruptcy Attorneys in Tulsa:
Our Oklahoma Immigration attorneys are also Tulsa bankruptcy attorneys. Yes our local attorneys practice both types of law. This gives both our immigration clients and bankruptcy clients the legal edge. This edge stems from understanding the special needs of clients in this special circumstance. Immigration and bankruptcy questions call us today, we’ve got your back.