Will Filing for Bankruptcy Affect My Citizenship Application? (2026 Update)

For many immigrants in Florida, the path to U.S. citizenship is sacred. The fear that a financial mistake like bankruptcy could “stain” your immigration record is one of the biggest barriers to seeking help. With USCIS implementing stricter guidelines in late 2025, many are asking: “Will filing for Chapter 7 or Chapter 13 ruin my chances of naturalization?”

The short and direct answer is: No, bankruptcy itself is not a bar to citizenship. However, the reason for your debt and how you handle it can impact the “Good Moral Character” requirement. At Juan Burgos Law, we bridge the gap between bankruptcy law and immigration concerns to protect your future.

USCIS & “Good Moral Character” in 2026

To become a citizen, you must demonstrate “Good Moral Character” (GMC) for the 5 years preceding your application (or 3 years if married to a U.S. citizen). The 2025 USCIS Policy Manual update emphasizes a “totality of circumstances” approach.

What this means: USCIS officers are looking for patterns. Filing for bankruptcy because of medical bills or job loss is viewed as a responsible legal step. However, using bankruptcy to avoid obligations you could pay may be viewed negatively.

The Two “Red Flags” for Immigration

While bankruptcy itself is safe, two specific types of debt can destroy your citizenship application if not handled correctly:

1. Failure to Pay Taxes

Tax evasion is a permanent bar to GMC. If you owe back taxes to the IRS, you cannot become a citizen until you resolve them.

The Strategy: Filing Chapter 13 bankruptcy establishes a federal repayment plan for your priority tax debt. Being in a confirmed Chapter 13 plan and making on-time payments is often accepted by USCIS as proof that you are resolving your tax liability responsibly.

2. Failure to Support Dependents (Child Support)

USCIS takes non-payment of child support extremely seriously. “Willful failure” to support dependents allows an officer to deny your application.

The Strategy: Bankruptcy does not wipe out child support debt, but Chapter 13 allows you to pay off the arrears (back payments) over 5 years. Proof that you are in a Chapter 13 plan and current on your payments demonstrates Good Moral Character.

Does Bankruptcy Look Like Fraud?

The only time bankruptcy directly endangers your immigration status is if there is a finding of Bankruptcy Fraud.

• Running up credit cards with no intention of paying right before filing.
• Hiding assets from the Bankruptcy Court.
• Lying on your bankruptcy schedules.

These acts involve “moral turpitude” and can lead to deportation. Complete honesty in your bankruptcy filing is your strongest shield.

The N-400 Interview: What to Expect

You must answer “Yes” if asked about debts on the N-400 or during the interview. Transparency is key.

Pro Tip: Bring certified copies of your bankruptcy “Discharge Order” and your bankruptcy petition to your naturalization interview. This proves to the officer that you resolved your debts legally through the federal court system, rather than simply ignoring them.

Conclusion: Financial Freedom Aids Naturalization

Living with unresolved debts, lawsuits, and wage garnishments creates a chaotic financial record that can look suspicious to USCIS. Resolving those debts through a legal bankruptcy process shows that you are taking control and respecting U.S. laws.

At Juan Burgos Law, we ensure your bankruptcy filing is clean, honest, and strategic, protecting your path to the American Dream.