Category Archives: Bankruptcy Planning

As a bankruptcy attorney in the Detroit, Michigan area, which is home to an extremely diverse immigrant community, this is a question I am asked often.  The good news is that there is no hard and fast rule existing in US immigration law or in the N-400 Application for Naturalization. Although I concentrate my practice on bankruptcy and criminal work and not at all on immigration law, Miami immigration attorney Michael Shane addresses the immigration law end of this question very nicely in his article posted here.

In short, Shane says that no question is asked on the N-400 as to applicant’s bankruptcy filing status, nor is there any law or statute requiring that this inquiry be made throughout the naturalization process. There is a question on the N-400 asking whether an applicant has failed to file an income tax return or owes any unpaid taxes, however, and it is possible that a “Yes” answer to this question will result in the need for an explanation as to why. A bankruptcy may end up the topic of the conversation in this manner. As Shane correctly points out, however, the mere fact that an applicant has filed bankruptcy does not mean that unpaid taxes or a failed return filing is implicated: there are many reasons why people file for bankruptcy, and unpaid taxes are by far not the most common cause.

Shane does mention the possibility, however, that a bankruptcy filing in a naturalization applicant’s history could conceivably be considered “poor moral character” if filed within the 5 years immediately preceding the N-400 application if the bankruptcy petition evidences behavior such as a failure to make child support payments and other individual acts that are, by statute, considered to be evidence of poor moral character.

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact me at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.