During these tough economic times, bankruptcies and foreclosures are a sad reality for many people. Unfortunately, bankruptcies and foreclosures could also seriously affect the adjudication of certain immigration benefits and certain applications for relief from removal. Many Immigration Judges, immigration prosecutors, and immigration officers are increasingly viewing bankruptcies and foreclosures as negative factors which can hurt a person's chances of being granted certain immigration benefits and applications to avoid deportation.
A point of clarification which should always be made to an adjudicating officer or an Immigration Judge is that a bankruptcy or foreclosure does not mean that a finding of lack of good moral character can be made as a matter of law or regulation. However, these financial issues may negatively affect the adjudication of an immigration benefit or application. A bankruptcy or foreclosure is not necessarily by any means fatal to an application or benefit, but many applications before the Department of Homeland Security (DHS) and the Immigration Court are discretionary.
Since a bankruptcy or a foreclosure can be viewed as a negative factor, it may influence an adjudicator or Immigration Judge not to exercise discretion favorably. The main concern of adjudicators, prosecutors, and Immigration Judges is that a bankruptcy or foreclosure may not be legitimate. A person should be prepared to explain all the circumstances surrounding a bankruptcy or foreclosure before applying for any immigration benefit before the DHS or the Immigration Court.
An applicant should establish the legitimacy of the bankruptcy or foreclosure. There may be a need for an applicant or respondent to justify the necessity of the bankruptcy or the reason for the foreclosure. Positive factors should be strongly emphasized in order to outweigh any negative view of a bankruptcy or foreclosure. Much like certain crimes, these financial issues can indeed carry immigration consequences. The immigration consequences should be carefully analyzed so a person is fully prepared when applying for immigration benefits and relief from removal.
For more information about this issue, contact Miami immigration lawyer, Antonio Revilla, at (305) 858-2323 or via email: arevilla@immigrationmiami.com.
About Revilla Law Firm, P.A.
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.
Mr. Revilla has almost 20 years of litigation experience and has dedicated his career to educating the public on the importance of immigration reform in our country. He has appeared on television to discuss various immigration issues and the benefits of passing bills such as the DREAM Act.
If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla.
Florida Bar Member Since 1992
Officer of the American Immigration Lawyers Association
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