# Bankruptcy and Visa



## Natashab2468 (Mar 19, 2012)

Due to a series of unfortunate events I am in a place whereby I am considering declaring myself bankrupt. 

I have a job offer lined up in California but before I start filling out the paperwork, I wanted to find out the repercussions of bankruptcy on my visa application to the US - it would be highly embarassing for the new employer to discover this through a declined visa! 

The debt I have is not through loans, credit cards, mortgages etc..and once I have wiped the slate clean in England, I will be able to support myself financially. 

Any help that can be provided regarding the visa application would be greatfully received. I am currently going for an L1-B intra company transfer, and if that fails, will consider H2-B, however I know this is a far more complex process. 

Many thanks in advance, 
Natasha


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## twostep (Apr 3, 2008)

Where does a new employer come into play with an L1?


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## Natashab2468 (Mar 19, 2012)

twostep said:


> Where does a new employer come into play with an L1?



Thank you for your very swift reply!

I should rephrase - new manager, same company.


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## Crawford (Jan 23, 2011)

Natashab2468 said:


> Due to a series of unfortunate events I am in a place whereby I am considering declaring myself bankrupt.
> 
> I have a job offer lined up in California but before I start filling out the paperwork, I wanted to find out the repercussions of bankruptcy on my visa application to the US - it would be highly embarassing for the new employer to discover this through a declined visa!
> 
> ...


What happened to the job in Dubai that you have also written about today?


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## twostep (Apr 3, 2008)

Crawford said:


> What happened to the job in Dubai that you have also written about today?


At 25 geography can be confusing:>)


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## Natashab2468 (Mar 19, 2012)

I am fortunate in some respects in that I have two great prospects...I came to the forum to try and establish which option would lead to the greatest success, or which held the best chances of visa approval given my situation. Thank you for your constructive comments however.


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## twostep (Apr 3, 2008)

Natashab2468 said:


> I am fortunate in some respects in that I have two great prospects...I came to the forum to try and establish which option would lead to the greatest success, or which held the best chances of visa approval given my situation. Thank you for your constructive comments however.


You will not be able to cover up your personal situation. Some questions on various visa applications, then getting an apartment or a car - it will follow you at least in the US. Come clean and be done with it. As soon as a back ground check gets processed it wil be out in the open anyway.
FYI - Sarcasm is not very popular in US corporate culture.


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## Natashab2468 (Mar 19, 2012)

twostep said:


> You will not be able to cover up your personal situation. Some questions on various visa applications, then getting an apartment or a car - it will follow you at least in the US. Come clean and be done with it. As soon as a back ground check gets processed it wil be out in the open anyway.
> FYI - Sarcasm is not very popular in US corporate culture.


I dont want to cover up any personal situation? There was no sarcasm either, but quite frankly, I thought the forum was to try and help people through what can be, in fact IS a really complex process and share information, not be insulted or criticised because I have a thread in the American and UAE pages!!! 

I just wanted to know if being bankrupt in England, had an impact on the success rate of the visa acceptance in both America, and Dubai. I have had a couple of answers which have given me some hope and confidence, so thank you  Once I have struggled through, I will be sure to come back and help others in a similar position, as the site was intended. Take care, Natasha


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## AK110 (Dec 16, 2015)

Hi Natasha,

I know it has been a while - however I was wondering whether you got any more information regarding this as I am considering moving abroad to work also in same circumstances. Same countries also (UAE and USA).

Thanks


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## Bevdeforges (Nov 16, 2007)

AK110 said:


> I know it has been a while - however I was wondering whether you got any more information regarding this as I am considering moving abroad to work also in same circumstances. Same countries also (UAE and USA).


The bankruptcy itself shouldn't have too much effect on your visa application - depending, of course, on the type of visa you're looking to obtain. If it's a work visa (being obtained by your employer), it's more up to the employer whether a bankruptcy will affect their decision or not. If it's another sort of visa, you have to consider what the requirements of that particular visa are.
Cheers, 
Bev


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## andreyx108b (Mar 15, 2015)

L1 has nothing to do with bankruptcy. Although i have never declared bankruptcy - i dont remember being asked about it when applying.


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## BBCWatcher (Dec 28, 2012)

I agree bankruptcy shouldn't affect a U.S. visa application directly. I can think of a few, less direct exceptions:

1. If you're sponsoring a relative or spouse for immigration to the U.S., your bankruptcy could impact your ability to act as a qualified financial sponsor. (That's not an L-1, though.)

2. The U.S. recognizes certain unresolved or poorly resolved financial liabilities you may have. Certainly liabilities that have a U.S. dimension could mean that stepping foot in the U.S. is _not wise_, even if you can. The U.S. has been known to cooperate with non-U.S. jurisdictions in enforcement and collection, especially in tax matters.

3. Relatedly, child support is increasingly internationally enforceable and collectible, and the U.S. is generally highly cooperative in those efforts.

4. In some countries (in many Middle Eastern countries for example) the mere act of leaving the country with an unresolved or poorly resolved debt is a serious criminal offense all by itself. Some countries require making a tax declaration (and payment if required) before leaving, and if you fail to do so that's a serious criminal offense. In other countries if you miss a court appearance, for example, much the same thing can happen. So while the entry to the United States may be no problem, by leaving you could create a situation where you can never safely return to one or more countries, including the country you left, including possibly the country of your citizenship. That could affect your employment prospects, for example, since many employers and job roles require international travel.

To net it out, it's best to tidy up your affairs as best you can even if qualifying for a U.S. L-1 visa is not one of the reasons to do so.


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