Can an Undocumented Immigrant File for Bankruptcy?

U.S. bankruptcy law does not prohibit an undocumented immigrant from filing, though there are other requirements and considerations.

If you are a foreign national in the United States without permission (in other words, an undocumented immigrant, also called an illegal alien) and you are deeply in debt, you might be able to file for bankruptcy relief like anyone else. But you will likely need to have either a valid Social Security number or an Individual Taxpayer Identification Number (ITIN) in order to do so. In addition, because a bankruptcy filing is a public record, it's in your best interest to speak with an immigration attorney to learn about how filing for bankruptcy might affect your immigration status or future prospects.

To learn more about other bankruptcy rules and filing considerations, see these Bankruptcy Basics.

Undocumented Immigrants Are Allowed to File for Bankruptcy

U.S. bankruptcy laws do not require debtors to be U.S. citizens or legal residents in order to file for bankruptcy relief. Typically, as long as you live (or have a domicile), have a business, or own property in the United States (or a municipality), you are eligible to file for bankruptcy.