There is no immigration law, statute, or regulation that specifically forbids individuals who have filed for bankruptcy from applying for Naturalization. Additionally, there is no specific question on Form N-400, Application for Naturalization, inquiring into bankruptcy. However, there are two questions on the Form N-400 that may indirectly relate to bankruptcy. Those questions are found in Part 10, Section A, questions 4 and 5. Question 4 reads: "since becoming a lawful permanent resident, have you ever failed to file a required Federal, state, or local tax return?" and question 5 reads "do you owe any Federal, state or local taxes that are overdue." If you answer yes to either of these questions, you will need to provide a specific explanation as to why you answered yes and provide supporting documentation. It is important to note that just because a person files for bankruptcy does not necessarily mean that they failed to pay taxes or owe taxes that are overdue.
Another issue may be that the Service may view filing for bankruptcy as evidencing poor moral character, especially if such a filing occurs within the five year period immediately preceding the filing of the naturalization application. Pursuant to Immigration and Nationality Act section 324(b), the Naturalization process requires that you prove good moral character for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship. Additionally, the Department of Homeland Security evaluates claims of good moral character on a case-by-case basis, taking into account the immigration laws and the standards of the average citizen in the community of residence. 8 Code of Federal Regulations ("8 C.F.R.") § 316.10(a)(2). Furthermore, bad acts, such as willfully failing or refusing to pay child support, evidences poor moral character. 8 C.F.R. § 316.10(b)(3). As such, the Service, in its wide discretion, may deem filing for bankruptcy as evidencing poor moral character, depending on the circumstances.
It would be wise for you to consult with an experienced bankruptcy attorney to discuss the procedures and implications of filing for bankruptcy and with an experienced immigration attorney to discuss the consequences of filing for bankruptcy on the naturalization process.
Michael Shane and Evan Shane, Attorneys at Law
Law Offices of Michael Shane P.A.
Miami and Ft. Lauderdale, Florida
http://www.shanelaw.com
-- Michael Shane
