Yes. It’s possible to file for bankruptcy if you’re not a U.S. citizen or don’t have a visa or a green card. However, what you DO need to have is an Individual Taxpayer Identification Number or a Social Security Number.
The IRS issues these tax numbers to help immigrants comply with the U.S. tax laws. The IRS issues ITINs regardless of immigration status, because both documented and undocumented immigrants have a U.S. tax filing requirement under the Internal Revenue Code.
A few things to remember:
- Green card holds are eligible to file bankruptcy
- Legal permanent residents can file bankruptcy
- Undocumented immigrants can file bankruptcy
Now is the best time for any immigrant to file bankruptcy because the courts are closed, meaning no physical court appearance is required, and the only court hearing in your bankruptcy case will be a remote hearing held on the ZOOM website.